CHARTER 


to 


RAIL-ROAD  COMPANY, 


CONSOLIDATED    FROM   TOE 


ILLINOIS  AND  WISCONSIN  K.  E.  COMPANY, 


BOCK  KIYEK  YALLEY  UNION  K.  E.  COMPANY, 


UNDER   THE   LAWS    OF  THE   STATES    OF 


ILLINOIS  AND  WISCONSIN. 


CHICAGO 


HISTORICAL 
SOCIETY 


JOHN    W.    AMERMAN,    PR 

No.    60    WlLLlAM-STREET. 

1855. 


CHARTER,  &c. 


INTEKNAL  IMPBOVEMEOT  LAW. 

SECTION  1.  In  all  cases  were  a  public  road,  canal  or  other  Land 
public  work  shall  have  been  heretofore  authorized,  or  which  road,  canai, 
shall  hereafter  be  authorized  by  law  to  be  laid  out  or  con-  appraised  by 

-i.-i.  .-,  ,,  •,.  oiTT-T  coramission- 

structed  in  this  state,  either  by  the  authority  ot  the  United  ers. 
States  or  this  state,  and  the  same  is  required  to  pass  over  the 
land  belonging  to  any  company,  corporation  or  individual, 
and  the  owner  or  owners  shall  object  thereto,  and  cannot 
agree  with  the  commissioner,  superintendent  or  other  person 
or  persons  authorized  to  lay  or  construct  the  same,  on  the 
amount  of  damages  which  such  owner  or  owners  may  claim, 
it  shall  be  lawful  for  such  commissioner,  superintendent  or 
other  authorized  person  or  persons  to  apply  to  some  justice 
of  the  peace  of  the  county  where  the  same  may  occur,  who 
shall  cause  three  householders  to  appear  before  him  ;  and  the 
householders  so  summoned,  after  being  sworn,  faithfully  and 
impartially  to  examine  the  ground  which  shall  be  pointed 
out  to  them  by  the  commissioner,  superintendent  or  other 
authorized  person  or  persons,  shall  assess  the  damages  which 
they  shall  believe  such  owner  or  owners  shall  sustain,  over 
and  above  the  additional  value  which  such  land  will  derive 
from  the  construction  of  such  road,  canal  or  other  public 
work,  and  make  two  written  reports,  signed  by  at  least  aTheirn.iv.rt. 
majority  of  them,  one  of  which  they  shall  deliver  to  the 
commissioner,  superintendent  or  other  persons  requesting  the 
view,  and  the  other  to  the  justice  of  the  peace;  after  which, 
it  shall  be  lawful  for  the  road,  canal  or  other  public  work  to 
pass  over  the  land  of  such  company,  corporation,  individual 


m~ 


4  LAWS   OF   ILLINOIS. 

or  persons,  doing  as  little  damage  as  the  nature  of  the  case 
Damages  will  permit :  Provided,  That  the  amount  of  the  damages  so 

before  land  assessed,  and  the  costs  of  the  view  be  first  paid,  either  to  the 
claimant  or  claimants,  or  to  the  justice  of  the  peace  to  whom 
the  application  and  return  shall  have  been  made. 
Damages,  SEC.  2.  If  the  damages  assessed  are  authorized  by  law  to 
paid  out  of  the  treasury,  it  shall  be  the  duty  of  the  com- 
missioner, superintendent  or  other  authorized  person  or 
persons  having  charge  of  such  work,  to  transmit  to  the 
auditor  of  public  accounts  a  copy  of  the  assessment  made  by 
the  householders,  together  with  a  statement  of  the  costs  of 
the  view ;  and  it  shall  be  the  duty  of  the  auditor  to  issue  his 
warrant  upon  the  treasury  for  the  payment  of  the  amount, 
when  out  And  if  the  damages  are  authorized  to  be  paid  out  of  the 

treasury3.1111  *  county  treasury,  the  person  or  persons  having  charge  of  such 
work  shall  transmit  to  the  county  commissioners'  court  a 
copy  of  the  assessment  made  by  the  householders,  with  a 
statement  of  the  costs  of  the  view,  and  if  approved  by  the 
court,  they  shall  order  the  same  to  be  paid  out  of  the  county 
treasury :  Provided,  however,  In  all  cases  arising  under  the 
provisions  of  this  chapter,  the  costs  of  the  view  of  the  house- 
holders shall  be  paid  by  the  applicant  requesting  the  same  : 
Provided,  also,  That  nothing  in  this  chapter,  or  in  the  several 
chapters  relating  to  state  roads,  shall  be  so  construed  as  to 
authorize  the  payment  of  any  such  damages  out  of  the  state 
treasury  ;  and  in  no  case  shall  any  money  be  paid  out  of  the 
state  treasury  for  any  damages  as  aforesaid,  without  a  special 
provision  of  law  for  such  purpose. 

SEC.  3.  Whenever  it  shall  be  deemed  necessary,  for  the 

Materials,  »  ' 

when  want- construction  of  any  road,  canal  or  other  public  work,  to 

ed  for  public  » 

valued  ^procure  from  the  land  of  any  company,  corporation  or  indi- 
laken  aud  visual,  timber,  stone  or  sand,  and  such  company,  corporation 
or  individual  shall  object  thereto,  and  in  case  the  person 
authorized  to  construct  such  work  shall  not  agree  with  the 
owner  of  the  land  on  the  price,  it  shall  be  lawful  for  such 
person  authorized  to  construct  such  work  to  apply  to  a  justice 
of  the  peace  of  the  county,  who  shall  cause  three  house- 
holders of  the  neighborhood  to  be  summoned  and  sworn,  as 
provided  in  the  first  section  of  this  chapter  ;  and  it  shall  be 


LAWS   OF   ILLINOIS.  5 

the  duty  of  the  three  householders  to  go  on  the  ground  and 
assess  the  damages  which  they  shall  believe  the  owner  will 
sustain,  and  make  two  written  reports  thereof,  signed  by  at 
least  a  majority  of  them,  stating  the  quantity  and  description 
of  the  articles  and  value  thereof,  and  give  one  copy  thereof 
to  the  applicant  for  the  view,  and  the  other  they  shall  return 
to  the  justice  of  the  peace  ;  after  which  assessment  and 
report,  and  payment  of  the  amount  to  the  claimant  or  justice, 
with  the  costs  of  view,  it  shall  be  lawful  to  take  the  materials 
so  required  from  the  land  of  the  owner,  doing  as  little 
damage  as  possible  to  the  owner  of  the  land. 

SEC.  4.  In  all  cases  arising  under  the  provisions  of  this  Appeals  may 
chapter,  if  the  householders  shall  report  it  to  be  their  opinion  from  V<> 
that  no  damages  would  be  sustained  by  the  owner  of  the 
land  for  the  passage  of  any  such  road,  canal  or  other  public 
work,  over  and  above  the  advantages  which  such  land  would 
derive  from  its  construction,  nothing  more  shall  be  paid  than 
the  costs  of  the  view;  and  in  all  cases  arising  under  this 
chapter,  either  party  may  appeal  to  the  circuit  court  of  the 
county,  within  the  same  time  and  under  the  same  rules  and 
regulations  as  are  or  shall  be  prescribed  by  law  for  taking 
appeals  from  the  judgments  of  justices  of  the  peace  ;  and 
the  circuit  court  shall  proceed  upon  such  appeal  as  in  other 
cases  of  appeals  from  the  judgment  of  justices  of  the  peace, 
and  render  such  judgment  therein  as  shall  be  consistent 
with  law  and  justice. 

SEC.  5.  Any  person  who  shall  remove  or  pull  down  any       Pulling 
part  of  any  fence,  barricade  or  wooden  structure,  placed  &°?,%ieancCeed 
across  any  public  road  or  other  public  work  for  the  purpose  road. pr 
of  preventing  travel  thereon,  whilst  the  same  shall  be  con- 
structing or  undergoing  repairs  under  the  authority  of  this 
state  or  of  the  United  States,  and  thereby  the  grading, 
embanking,  paving  or  other  work  shall  be  injured  or  sub- 
jected thereto,  shall  pay  to  the  undertaker  of  the  work  five 
dollars  for  each  offence,  recoverable,  with  costs,  before  any    penalty, 
justice  of  the  peace  of  the  county  :  Provided,  however,  That 
no  such  penalty  shall  be  recoverable  unless  it  shall  be  made 
to  appear  that  the  undertaker  of  the  work  shall  have  caused 
a  written  or  printed  notice  to  all  persons,  to  be  affixed  in  a 


O  LAWS   OF   ILLINOIS. 

conspicuous  place  at  such  fence,  barricade  or  wooden  struc- 
ture, forbidding  the  same  to  be  removed  or  pulled  down,  or 
travel  on  the  grading,  paving,  embankment  or  other  work : 
Proviso  as  Provided,  also.  That  if  the  said  works  be  on  anv  road  where 

to  Ihe  United  .      '  . 

siates' man.  the  L  intecl  States  mail  shall  at  the  time  be  carried,  the  afore- 
said penalty  shall  not  be  recoverable  against  the  carrier, 
should  he  deem  it  necessary  to  expedite  him  in  the  passage 
of  the  mail. 
Appeals     SEC.  6.  In  all  cases  where  a  iury  of  freeholders  or  other 

allowed  trom     .    .  '  t  -,          •,  . 

assessments  citizens  are  or  may  be  appointed,  under  the  authority  of  any 

of    damages  J  . 

by  opening  town  or  city  in  this  state,  to  inquire  into  and  take  into  con- 

lanes,  alleys,  J  *• 

streets,  &c., sideratioii  the  benefits  as  well   as  the  injury  which  may 

a<«  from  de-  t  .,•'••• 

cisions     of  accrue,  and  estimate  and  assess  the  damages  which  would 

justices  of  the  '  ° 

peace.  be  sustained,  by  reason  of  the  opening,  extending  or  widening 
of  any  street,  lane,  alley  or  road,  the  owner  or  owners  of  any 
real  estate  proposed  to  be  taken  for  the  purpose  aforesaid,  or 
any  person  aggrieved  by  the  apportionment  and  assessment 
for  the  purpose  of  mating  payment  to  the  person  or  persons 
whose  property  shall  be  taken  for  said  purpose,  may  appeal 
to  the  circuit  court  of  the  county  within  the  same  time  and 
under  the  same  regulations  and  rules  as  are  or  shall  be  pro- 
vided by  law  for  taking  appeals  from  the  judgment  of 
justices  of  the  peace  ;  and  the  circuit  court  shall  proceed 
upon  such  appeal  as  in  other  cases  of  appeals -from  the  judg- 
ment of  justices  of  the  peace,  and  render  such  judgment 
therein  as  shall  be  consistent  with  law  and  justice. 
Approved  March  3,  1845. 


AN  ACT 

TO    PROVIDE   FOR    A  GENERAL    SYSTEM   OF   RAIL-ROAD   INCOR- 
PORATIONS. 

SEC.  1.  Be  it  enacted  ly  the  people  of  the  State  of  Illinois, 

Corpora- represented  in  the  General  Assembly,  That  any  number  of 

formed.   °w  persons,  not  less  than  twenty -five,  being  subscribers  to  the 


LAWS   OF   ILLINOIS.  7 

stock  of  any  contemplated  rail-road,  may  be  formed  into  a 

corporation  for  the  purpose  of  constructing,   owning   and 

maintaining  such  rail-road  by  complying  with  the  following 

requirements  :    "When  stock  to  the  amount  of  at  least  one 

thousand  dollars  for  every  mile  of  said  road,  so  intended  to 

be  built,  shall  be  in  good  faith  subscribed,  and  ten  per  cent. 

paid  thereon  as  herein  required,  then  the  said  subscribers    Directors. 

may  elect  directors  for  the  said  company ;  thereupon  they 

shall  severally  subscribe  articles  of   association,  in  which    Articles  of 

•  association. 

shall  be  set  forth  the  name  of  the  corporation  ;  the  number 
of  years  the  same  is  to  continue,  which  shall  not  exceed  lifty 
years ;  the  amount  of  the  capital  stock  of  the  company, 
which  shall  be  the  actual  cost  of  constructing  the  road, 
together  with  the  cost  for  the  right  of  way,  motive  power, 
and  every  other  appurtenance  for  the  completion  and  running 
of  said  road,  as  nearly  as  can  be  estimated  by  competent 
engineers  ;  the  number  of  shares  of  which  said  stock  shall 
consist ;  the  number  of  directors,  and  their  names,  to 
manage  the  concerns  of  the  company,  who  shall  not  be  one- 
half  in  the  number  of  the  stockholders,  and  shall  hold  their 
offices  until  others  are  elected ;  the  place  from  and  to  which 
the  proposed  road  is  to  be  constructed,  and  each  county  into 
or  through  which  it  is  intended  to  pass,  and  its  length,  as  near 
as  may  be,  and  the  names  of  five  commissioners  to  open 
books  of  subscription  to  the  stock.  Each  subscriber  to  such 
article  of  association  shall  subscribe  thereto  his  name,  place 
of  residence,  and  the  number  of  shares  of  stock  taken  by 
him  in  such  company.  The  said  articles  of  association  may, 
on  complying  with  the  next  section,  be  filed  in  the  office  of 
secretary  of  state,  and  thereupon  the  persons  who  have  sub- 
scribed, and  all  persons  who  shall  from  time  to  time  become 
stockholders  in  such  company,  shall  be  a  body  corporate,  by 
the  name  specified  in  such  articles. 

SEC.  2.  Such  articles  of  association  shall  not  be  filed  in  the  Articles  to 
office  of  the  secretary  of  state  until  ten  per  cent,  on  the 
amount  of  the  stock  subscribed  thereto  shall  have  been 
actually  and  in  good  faith  paid,  in  cash,  to  the  directors 
named  in  such  articles,  nor  until  there  is  endorsed  thereon, 
or  annexed  thereto,  an  affidavit,  made  by  at  least  three  of 


LAWS   OF  ILLINOIS. 

the  directors  named  in  such  articles,  that  the  amount  of  stock 
required  by  the  first  section  has  been  subscribed,  and  that 
ten  per  cent,  on  the  amount  has  actually  been  paid  in. 

Articles  to     SEC.  3.  A  copy  of  any  articles  of  association  filed  in  pur- 
be  evidence.  _     ,  .  .•_ 

suance  ot  this  act,  with  a  copy  of  the  affidavit  aforesaid 
endorsed  thereon,  or  annexed  thereto,  and  certified  to  be  a 
copy  by  the  secretary  of  this  state,  or  his  deputy,  shall,  in 
all  courts  and  places,  be  presumptive  evidence  of  the  incor- 
poration of  such  company,  and  the  facts  therein  stated, 
certificate,  SEC.  4.  When  the  certificate  shall  have  been  filed  as  afore- 
said, the  persons  who  shall  have  signed  and  acknowledged 
the  same,  and  their  successors,  shall  be  a  body  politic  and 
corporate,  by  the  name  stated  in  such  certificate,  and  shall 
be  capable  of  suing  and  being  sued,  and  may  have  a  com- 
mon seal,  and  may  make  and  alter  the  same  at  pleasure,  and 
be  capable  in  law  of  purchasing,  holding  and  conveying  any 
real  estate  and  personal  property  whatever,  necessary  for  the 
construction  of  such  road,  and  for  the  erection  of  all  neces- 
sary buildings,  yards  and  appurtenances  for  the  use  of  the 
same. 

Books  to  SEC.  5.  The  commissioners  for  opening  books  of  subscrip- 
tion, named  in  the  act  of  incorporation,  shall,  from  time  to 
time,  after  the  company  shall  be  incorporated,  open  books 
of  subscription  tb  the  capital  stock  of  the  company,  in  such 
places,  and  after  giving  such  notice  as  a  majority  of  them 
shall  direct ;  which  books  of  subscription  shall  be  kept  open 
until  all  the  capital  shall  be  subscribed,  if  the  corporation 
shall  so  long  exist ;  and  in  case  a  greater  amount  of  stock 
shall  be  subscribed  than  the  whole  capital  of  said  company, 
the  commissioners  shall  distribute  such  capital  stock  as 
equally  as  possible  among  the  subscribers ;  but  no  share 
thereof  shall  be  divided  in  making  such  distribution  ;  nor 
shall  a  greater  number  of  shares  be  allotted  to  any  subscriber 
than  such  subscriber  shall  have  subscribed  for. 
Directors  to  SEC.  6.  As  soon  as  practicable  after  such  capital  stock 
be  chosen.  gna]|  have  been  subscribed  and  distributed  as  aforesaid,  the 
commissioners  to  receive  subscriptions  thereto  shall  appoint 
a  time  and  place  for  the  meeting  of  the  stockholders  to  choose 
directors ;  such  meeting  to  be  held  in  one  of  the  counties  in 


LAWS   OF   ILLINOIS.  9 

or  through  which  such  rail-road  is  proposed  to  be  constructed, 
and  notice  thereof  shall  be  given  by  said  commissioners,  by 
public  notice,  to  be  published,  not  less  than  twenty  days  pre- 
vious thereto,  in  the  state  paper,  and  a  newspaper  published 
in  each  county  through  which  the  said  road  shall  be  in- 
tended to  run,  in  which  a  newspaper  shall  be  published. 
Thirteen  directors  shall  be  chosen  at  such  meeting,  by  ballot,  Quannca- 

,  ,     ,  ,  tion  of  voters. 

and  by  a  majority  of  the  votes  of  the  stockholders,  being 
present  in  person  or  by  proxy,  and  every  such  stockholder, 
being  so  present  at  such  election, -or  at  any  subsequent  elec- 
tion of  directors,  shall  be  entitled  to  give  one  vote  for  every 
share  of  stock  which  he  shall  have  owned  for  the  thirty  days 
next  preceding  such  election  ;  but  no  stockholder  shall  vote 
at  any  such  election  upon  any  stock,  except  such  as  he  shall 
have  owned  for  such  thirty  days.  ]N"o  person  shall  be  a  di- 
rector unless  he  shall  be  a  stockholder,  owning  stock  abso- 
lutely and  in  his  own  right,  and  qualified  to  vote  for  direc- 
tors at  the  election  at  which  he  shall  be  chosen ;  and  at  least 
seven  of  the  directors  shall,  at  the  time  of  their  election,  be 
residents  of  the  counties  in  or  through  which  the  route  of 
such  rail-road  shall  run.  The  directors  shall  be  directors  for 
one  year,  and  until  others  are  elected  in  their  places. 

SEC.  7.  The  commissioners  named  in  the  last  preceding 
section  shall  be  inspectors  of  the  first  election  of  directors, er8- 
shall  openly  count  the  votes  and  declare  the  result,  and  shall, 
within  ten  days  thereafter,  file  a  certificate  thereof,  sub- 
scribed by  them,  or  a  majority  of  them,  in  the  office  of  the 
secretary  of  state,  and  in  the  office  of  the  clerk  of  each  county, 
or  with  the  clerk  of  the  county  commissioners'  court  (as  the 
case  may  be)  of  each  county  in  or  through  which  such  rail- 
road shall  be  proposed  to  be  constructed,  and  shall  also  de- 
liver to  the  treasurer  of  such  company  all  moneys  [received] 
by  such  commissioners  on  subscriptions  to  such  capital  stock, 
and  all  books  and  papers  in  their  possession  relative  to  such 
subscriptions.  All  subsequent  elections  shall  be  held  at  such 
time  and  place  in  one  of  these  counties  through  which  such 
rail-road  shall  pass,  as  sUall  be  directed  by  the  by-laws  of  the 
company. 


10  LAWS    OF   ILLINOIS. 

Meeting  of     SEC.  8.  A  general  meeting  of  the  stockholders  of  any  cor- 

stockholders.  i 

poration  formed  under  this  act  shall  be  holden  annually,  at 
the  time  and  place  appointed  for  the  election  of  directors, 
and  a  meeting  may  be  called  at  any  time  during  the  interval 
between  such  annual  meetings,  by  the  directors  or  by  the 
stockholders  owning  not  less  than  one-fourth  of  the  stock,  by 
giving  thirty  days'  public  notice  of  the.time  and  place  of  the 
meeting,  in  the  state  paper,  and  a  newspaper  published  in 
each  county  through  which  the  said  road  shall  be  run  or  be 
intended  to  run,  in  which  a  newspaper  shall  be  published ; 
and  when  any  such  meeting  is  called  by  the  stockholders, 

Meetings  the  particular  object  of  such  call  shall  be  stated ;  and  if  at  any 
such  meeting  thus  called,  a  majority  in  value  of  the  stock- 
holders are  not  represented  in  person  or  by  proxy,  sucli 
meeting  shall  be  adjourned  from  day  to  day,  not  exceeding 
three  days,  without  transacting  any  business,  and  if,  within 
said  three  days,  stockholders  having  a  majority  of  the  stock 
do  not  attend  such  meeting,  then  the  said  meeting  shall  be 
dissolved. 

Duty  of  SEC.  9.  At  the  regular  annual  meeting  of  the  stockholders 
and  direct-  of  any  corporation,  it  shall  be  the  duty  of  the  president  and 
directors  in  office  for  the  preceding  year,  to  exhibit  a  clear 
and  distinct  statement  of  the  affairs  of  the  said  company;  and 
at  any  meeting  of  the  stockholders  a  majority  of  those  pre- 
sent in  person  or  by  proxy  may  require  similar  statements 
from  the  directors,  whose  duty  it  shall  be  to  furnish  them 
when  thus  required ;  and  at  all  general  meetings  of  the  stock- 
holders a  majority  in  value  of  the  stockholders  in  said  com- 
pany may  fix  the  rate  of  interest  which  shall  be  paid  by  the 
company  for  loans  for  the  construction  of  said  road  and  its 
appendages,  may  remove  any  president  or  any  director  of 

Proviso,  said  company  and  elect  others  in  their  stead  :  Provided,  No- 
tice of  such  intended  removal  has  been  given,  as  required 
by  the  last  preceding  section. 

Failure.  SEC.  10.  In  case  it  shall  happen  at  any  time  that  an  elec- 
tion of  directors  shall  not  be  made  on  the  day  designated  by 
the  by-laws  of  the  company,  when  it  ought  to  have  been 
made,  the  company,  for  that  reason,  shall  not  be  dissolved,  if 
within  ninety  days  thereafter  they  shall  hold  an  election  for 


LAWS    OF   ILLINOIS.  11 

directors,  in  such  manner  as  shall  be  provided  by  the  by-laws 

of  the  company.     There  shall  be  a  president  of  the  company,  President 

who  shall  be  chosen  by  and  from  the  directors,  and  also  such 

subordinate  officers  as  the  company,  by  its  by-laws,  may  de- 

signate, who  may  be  elected  or  appointed,  and  required  to 

give  such  security  for  the  faithful  performance  of  the  duties 

of  their  office  as  the  company,  by  its  by-laws,  may  require. 

SEC.  11.  It  shall  be  lawful  for  the  directors  to  call  in  and  Forfeiture. 
demand  from  the  stockholders  respectively,  all  sums  of  money 
by  them  subscribed,  at  such  time  and  in  such  payments  or 
instalments  as  the  directors  shall  deem  proper,  under  the 
penalty  of  forfeiting  the  shares  of  stock  subscribed  for,  and 
all  previous  payments  made  thereon,  if  payments  shall  not 
be  made  by  the  stockholders  within  sixty  days  after  personal 
demand,  or  notice  requiring  such  payment  shall  have  been 
made  in  each  county  through  which  said  road  shall  be  laid 
out,  in  which  a  iiOTrspaper  shall  be  published. 

SEC.  12.  The  directors  of  such  company  shall  have  power  By-Laws. 
to  make  by-laws  for  the  management  and  disposition  of  stock, 
property  and  business  affairs  of  such  company,  not  incon- 
sistent with  the  laws  of  this  state,  and  prescribing  the  duties 
of  officers,  artificers  and  servants  that  may  be  employed, 
for  the  appointment  of  all  officers  for  carrying  on  all  the 
business  within  the  object  and  purposes  of  such  company. 

SEC.  13.  The  stock  of  such  company  shall  be  deemed  per-  stock 


sonal  estate,  and  shall  be  transferable  in  the  manner  pre-  estate.0™* 
scribed  by  the  by-laws  of  the  company  ;  but  no  shares  shall 
be  transferable  till  all  previous  calls  thereon  shall  have  been 
fully  paid  in,  or  the  said  shares  shall  have  been  forfeited  for 
the  non-payment  of  calls  thereon  ;  and  it  shall  not  be  lawful 
for  such  company  to  use  any  of  their  funds  in  the  purchase 
of  any  stock  in  their  own  or  in  any  other  corporation. 

SEC.  14.  All  the  stockholders  of  any  such  company  that  stockholder* 

T  •,          -i  .  i      n  i  responsible* 

shall  be  hereafter  incorporated  under  tins  act,  shall  be  sever- 
ally individually  liable  to  the  creditors  of  such  company,  to- 
an  amount,  equal  to  the  amount  of  stock  held  by  them:  re- 
spectively, for  all  debts  and  contracts  made  by  such  company,  . 
until  the  whole  amount  of  capital  stock  fixed  and  limited  by 
the  company  in  manner  aforesaid  shall  have   been  paid-in*. 


12  LAWS   OF  ILLINOIS. 

and  a  certificate  thereof  shall  have  been  made  and  recorded, 
as  prescribed  in  the  following  section ;  and  shall  be  jointly 
and  severally  liable  for  all  debts  that  may  be  due  and  owing 
to  all  their  laborers,  servants  and  apprentices,  for  services 
performed  for  such  corporation^  but  not  be  liable  to  an  action 
therefor  before  an  execution  shall  be  returned  satisfied  in 
whole  or  in  part  against  the  corporation,  and  then  the  amount 
due  on  said  execution  shall  be  the  amount  recoverable,  with 
costs  against  said  stockholders. 

certificate  SEC.  15.  The  president  and  a  majority  of  the  directors, 
e'  within  thirty  days  after  the  payment  of  the  last  instalment  of 
the  capital  stock,  so  fixed  and  limited  by  the  company,  shall 
make  a  certificate,  stating  the  amount  of  the  capital  stock  so 
fixed  and  paid  in;  which  certificate  shall  be  signed  by  the 
president  and  a  majority  of  the  directors,  and  sworn  to  by 
the  president  and  secretary,  and  they  shall,  within  the  said 
thirty  days,  file  and  record  the  same  in  the  office  of  the 
secretary  of  state. 

Liability  of     SEC.  16.  If  the  directors  of  any  such  company  shall  declare 

director?.  J  •     •         i 

and  pay  any  dividend  when  the  company  is  insolvent,  or  any 
dividend  the  payment  of  which  would  render  it  insolvent, 
they  shall  be  jointly  and  severally  liable  for  all  the  debts  of 
the  company  then  existing,  and  for  all  that  shall  thereafter 
be  contracted,  so  long  as  they  shall  respectively  remain  in 
office :  Provided,  That  if  any  of  the  directors  shall  be  absent 
at  the  time  of  making  the  dividend,  or  shall  object  thereto, 
and  shall,  within  thirty  days  thereafter,  or  after  his  return, 
if  absent,  file  a  certificate  or  their  absence  or  objection  with 
the  clerk  of  the  company,  and  with  the  clerk  of  the  county, 
or  with  the  clerk  of  the  county  commissioners'  court  of  the 
county  in  which  the  principal  office  of  said  company  is  lo- 
cated, they  shall  be  exempt  from  the  said  liability, 
officers  SEC.  17.  If  any  certificate  or  report  made  or  public  notice 
given  by  the  officers  of  any  such  company,  in  pursuance  of 
the  provisions  of  this  act,  shall  be  false  in  any  material  repre- 
sentation, all  the  officers  who  shall  have  signed  the  same 
shall  be  jointly  and  severally  liable  for  all  the  debts  of  the 
company  contracted  while  they  are  stockholders  or  officers 
thereof. 


LAWS   OF  ILLINOIS.  13 

SEC.  18.  No  person  holding  stock  in  any  such  company,  as  Persons 
executor,  administrator,  guardian  or  trustee,  and  no  person 
holding  such  stock  as  collateral  security,  shall  be  personally 
subject  to  any  liability  as  stockholders  of  such  company ; 
but  the  person  pledging  the  stock  shall  be  considered  as 
holding  the  same,  and  shall  be  liable  as  a  stockholder  accord- 
ingly, and  the  estates  and  funds  in  the  hands  of  such  execu- 
tor, administrator,  guardian  or  trustee,  shall  be  liable  in  like 
manner  and  to  the  same  extent  as  the  testator  or  intestate, 
or  the  ward  or  persons  interested  in  such  trust  fund  would 
have  been  if  he  had  been  living  and  competent  to  act,  and 
held  the  same  stock  in  his  own  name. 

SEC.  19.  Every  such  administrator,  executor,  guardian  or    stock  re- 
trustee  shall  represent  the  shares  of  stock  in  his  hands  at  all 
meetings  of  the  company,  and  may  vote  accordingly  as  a 
stockholder. 

SEC.  20.  Every  such  company,  before  proceeding  to  con-  ^»P  and 
struct  a  part  of  their  road  through  any  county  named  in  their 
certificate  of  association,  shall  make  a  map  and  profile  of 
the  route  intended  to  be  adopted  by  such  company;  which 
shall  be  certified  by  a  majority  of  the  directors  and  filed  in 
the  office  of  the  county  clerk  of  such  county,  or  with  the 
clerk  of  the  county  commissioners'  court  of  such  county,  for 
the  inspection  and  examination  of  all  parties  interested 
therein. 

SEC.  21.  Every  such  corporation  shall  possess  the  general  General  and 
powers  and  be  subject  to  the  general  liabilities  and  restric-ers. 
tions  expressed  in  the  general  special  powers  following,  that 
is  to  say : 

1.  To  cause  such  examination  and  surveys  for  the  proposed 
rail-road  to  be  made  as  may  be  necessary  to  the  selection  of 
the  most  advantageous  route  for  the  rail-road,  and  for  such 
purpose,  by  their  officers,  agents  and  servants,  to  enter  upon 
lands  or  waters  of  any  person,  but  subject  to  responsibility 
for  all  damages  which  they  shall  do  thereto. 

2.  To  receive,  hold  and  take  such  voluntary  grants  and 
donations  of  real  estate  and  other  property  as  shall  be  made 
to  it,  to  aid  in  the  construction,  maintenance  and  accommoda- 
tion of  such  rail-road  ;  but  the  real  estate  thus  received  by 


14:  LAWS   OF   ILLINOIS. 

voluntary  grants  shall  be  held  and  used  for  the  purposes  of 
such  grants  only. 

3.  To  purchase,  and  by  voluntary  grants  and   donations 
receive  and  take,  and  by  its  officers,  engineers  and  surveyors 
and  agents  enter  upon  and  take  possession  of,  and  hold  and 
use  all  such  lands  and  real  estate  and  other  property  as  may 
be  necessary  for  the  construction  and  maintenance  of  its  rail- 
road and  stations,  depots  and  other  accommodations  necessary 
to  accomplish  the  object  for  which  the  corporation  is  created  ; 
but  not  until  the  compensation  to  be  made  therefor,  as  agreed 
upon  by  the  parties,  or  ascertained  as  hereinafter  prescribed, 
be  paid  to  the  owner  or  owners  thereof,  or  deposited  as  here- 
inafter directed,  unless  the  consent  of  such  o'wner  be  given 
to  enter  into  possession. 

4.  To  lay  out  its  road,  not  exceeding  six  rods  wide,  and  to 
construct  the  same,  and  for  the  purposes  of  cuttings,  embank- 
ments, and  procuring  stone  and  gravel,  may  take  as  much 
more  land  within  the  limits  of  its  charter,  in  the  manner 
provided  hereinafter,  as  may  be  necessary  for  the  proper 
construction  and  security  of  the  road. 

5.  To  construct  their  road  upon  or  across  any  stream  of 
water,  water-course,  road,  highway,  rail-road  or  canal,  which 
the  route  of  its  road  shall  intersect ;  but  the  corporation  shall 
restore  the  stream  or  water-course,  road  or  highway  thus 
intersected  to  its  former  state,  or  in  a  sufficient  manner  not 
to  have  impaired  its  usefulness. 

6.  To  cross,  intersect,  join  and  unite  its  rail-road  with  any 
other  rail-road  before  constructed,  at  any  point  on  its  route, 
and  upon  the  grounds  of  such  other  rail-road  company,  with 
the  necessary  turn-outs,  sidings,  and  switches  and  other  con- 
veniences, in  furtherance  of  the  objects  of  its  connections  ; 
and  every  company  whose  rail-road  is  or  shall  be  hereafter 
intersected  by  any  new  rail-road,  shall  unite  with  the  owners 
of  such  new  rail-road  in  forming  such  intersections  and  con- 
nections, and  grant  the  facilities  aforesaid ;  and  if  the  two 
corporations  cannot  agree  upon  the  amount  of  compensation 
to  be  made  therefor,  or  the  points  or  manner  of  such  cross- 
ings and  connections,  the  same  shall  be  ascertained  and  de- 


LAWS   OF   ILLINOIS.  15 

termined  by  commissioners  to  be  appointed  by  the  court,  as 
is  provided  hereinafter  in  respect  to  the  taking  of  lands. 

7.  To  purchase  lands  or  take  them  may  change  the  line  of 
its  road  whenever  a  majority  of  the  directors  shall  so  deter- 
mine, as  is  hereinafter  provided,  but  no  such  change  shall 
vary  the  original  route  of  such  road  to  exceed  one  mile  lat- 
erally. 

8.  To  take,  transport,  carry  and  convey  persons  and  pro- 
perty on  their  rail-road,  by  the  force  and  power  of  steam,  of 
animals  or  any  mechanical  powers,  or  by  any  combinations 
of  them,  and  receive  tolls  or  compensation  therefor. 

9.  To  erect  and  maintain  all  necessary  and  convenient 
buildings,  stations,  depots,  and  fixtures  and  machinery  for 
the  accommodation  and  use  of  their  passengers,  freight  and 
business,  and  obtain  and  hold  the  lands  necessary  therefor. 

10.  To  regulate  the  time  and  manner  in  which  passengers 
and  property  shall  be  transported,  and  the  tolls  and  compen- 
sation to  be  paid  therefor ;  but  such  compensation  for  any 
passenger  and  his  ordinary  baggage  shall  not  exceed  three 
cents  a  mile,  unless  by  special  act  of  the  legislature,  and 
shall  be  subject  to  alteration  as  hereinafter  provided. 

11.  To  borrow  money,  to  be  applied  to  the  construction  of 
their  rail-road  and  fixtures,  and  purchase  of  engines  and  cars, 
at  such  rates  of  interest  as  is  hereinafter  provided. 

SEC.  22.  Any  number  of  persons,  not  less  than  thirteen,   TO  petition 

.  .  ,  .   .  legislature. 

intending  to  organize  a  corporation  under  the  provisions  ot 
this  act,  and  every  company  that  may  hereafter  organize  un- 
der this  act,  may  present  a  petition  to  the  legislature,  stating 
the  place  from  and  to  which  they  propose  to  construct  their 
road,  and  its  location  and  route,  with  reasonable  certainty, 
or  that  they  intended  to  run  the  said  road  on  the  most  direct 
and  eligible  route  between  the  points  of  terminus,  and  pray- 
ing the  legislature  to  determine  whether  the  construction  of 
the  said  proposed  road  will  be  of  sufficient  public  use  to  jus- 
tify the  taking  of  private  property  for  the  construction  of  the 
same.  And  if  the  legislature  shall  determine  and  decide  by 
law  that  such  proposed  road  will  be  of  sufficient  public 
utility  to  justify  the  taking  of  private  property  for  construct- 
ing and  maintaining  said  road,  under  the  provisions  of  this 


16  LAWS    OF   ILLINOIS. 

act,  then  such  company,  when  organized,  may  enter  upon, 
take  possession  of  and  use  all  such  lands,  real  estate,  as  may 
be  required  for  the  construction  and  maintenance  of  their 
rail-road,  and  the  convenient  accommodations  appertaining 
to  the  same ;  making  compensation,  in  the  manner  herein- 
after provided,  for  all  lands,  real  estate,  thus  taken  possession 
of  and  used,  except  such  as  may  be  voluntarily  given  to  or 
Application  purchased  at  an  agreed  price  by  the  said  corporation.  "VVhen- 
court  curcfor  ever  the  said  corporation  shall  not  have  acquired  by  gift  or 
ereTTb^ap- purchase  any  land,  real  estate,  so  required  as  aforesaid,  or 
which  may  be  affected  by  any  operation  connected  by  such 
construction  and  maintenance,  the  said  corporation  may  pre- 
sent to  the  circuit  court  of  the  district,  where  said  lands  or 
real  estate  shall  lie,  a  petition,  signed  by  its  attorney  or 
agent,  describing  with  •  convenient  accuracy  and  certainty, 
by  map  or  otherwise,  the  lands  or  real  estate  so  required  to 
be  taken  or  affected  as  aforesaid,  setting  forth  the  name  and 
residence  of  each  owner  or  other  person  interested  therein 
as  owner,  lessee,  incumbrancer,  as  far  as  known  to  such 
attorney  or  agent,  or  appearing  of  record,  and  praying  the 
appointment  of  commissioners  to  ascertain  the  compensation 
to  be  made  to  such  owners  and  persons  interested,  for  the 
taking  or  injuriously  affecting  such  land  or  real  estate  as 
aforesaid.  The  court  shall  have  satisfactory  evidence  that 
notice  of  an  intended  application,  and  the  time  and  place 
thereof,  for  the  appointment  of  commissioners  of  appraise- 
ment between  said  corporation  and  the  owners  and  persons 
interested  in  such  lands  and  real  estate  had  been  given  at 
Ten  days' least  ten  days  previously,  to  such  owners  personally,  or  to 

notice-  f         -j.    n  ^     •  •/  M 

some  person  01  suitable  age,  at  their  residence,  or  on  the 
non-res^  l°  premises,  or  by  the  publication  thereof  in  a  newspaper  printed 
fnentnewspa°  in  the  county  in  which  such  lands  or  real  estate  may  lie. 
Such  publication  to  be  allowed  only  in  respect  to  owners  who 
shall  appear  by  affidavit  to  have  no  residence  in  the  county, 
known  to  such  agent  or  attorney,  whereat  such  notice  could 
be  delivered  as  aforesaid.  The  court  may  adjourn  the  pro- 
ceedings from  time  to  time ;  shall  direct  any  future  notice 
thereof  to  be  given  that  may  seem  proper  ;  shall  have  proofs 
and  allegations  of  all  parties  interested,  touching  the  regu- 


LAWS    OF    ILLINOIS.  17 

larity  of  the  proceedings;  and  shall,  by  an  entry  in  its  min-  Five  com- 
utes,  appoint  five  competent  and  disinterested  persons  com-"" 
missi oners  to  ascertain  such  compensation  as  aforesaid,  spe. 
cifying  in  such  entry  a  time  and  place  for  the  first  meeting 
of  such  commissioners.  The  said  commissioners,  before  en- 
tering upon  the  duties  of  their  office,  shall  take  the  oath  re- 
quired by  the  laws  and  constitution  of  this  state,  and  any 
one  of  them  may  administer  oaths  to  witnesses  produced  be- 
fore them,  and  may  adjourn,  and  may  hold  meetings  for 
that  purpose.  Whenever  they  shall  meet  to  hear  proofs  and 
allegations,  unless  by  appointment  of  the  court  or  pursuant 
to  adjournment,  they  shall  cause  reasonable  previous  notice 
of  such  meetings  to  be  given  to  the  said  owners  or  parties 
interested,  or  their  attorney  or  agent,  and  may  each  of  them 
issue  subpoenas  and  compel  witnesses  to  appear  and  testify ; 
they  shall  hear  the  proofs  and  allegations  of  the  parties,  and 
any  three  or  more  of  them,  after  reviewing  the  premises, 
without  fear  or  favor  or  partiality,  ascertain  and  certify  the 
compensation  proper  to  be  made  to  the  said  owners  and  par- 
ties interested,  for  the  lands  or  real  estate  to  be  taken,  as 
well  as  all  damages  accruing  to  the  owner  of  the  lands  and 
real  estate  aforesaid,  taken  in  consequence  of  the  condemna- 
tion of  the  same,  or  injuriously  affected  as  aforesaid,  making 
such  deduction  or  allowance  for  real  benefit  or  advantages 
which  such  owners  or  parties  interested  may  derive  from  the 
construction  of  said  road,  and  may  in  their  discretion  assess 
a  separate  reasonable  sum  in  favor  of  such  owner  and 
parties  interested,  or  of  any  person  appointed  by  the  court  to 
appear  as  attorney  for  them,  for  costs,  expenses  and  reason- 
able counsel  fees.  They,  or  a  majority  of  them,  shall  make, 
subscribe,  and  with  the  clerk  of  the  county,  or  with  the  clerk 
of  the  county  commissioners'  court,  in  which  such  lands  or 
real  estate  shall  lie,  a  certificate  of  their  said  ascertainment 
and  assessment,  in  which  such  lands  or  real  estate  shall  be 
described  by  map  or  otherwise,  with  convenient  accuracy 
and  certainty.  The  court,  upon  such  certificate' anc} 'due 
proof  that  such  compensation  and  separate  sums,  if  iury.be 
certified,  have  been  paid  to  the  parties  entitfe'd'to  thesapve^ 
or  have  been  deposited  to  the  credit  of  such  partie^  '  Jii  :{he 

2 


18  LAWS   OF   ILLINOIS. 

state  treasury,  or  other  place  for  that  purpose  approved  by 
the  court,  shall  make  and  cause  to  be  entered  in  its  minutes 
a  rule  describing  such  lands  or  real  estate,  in  manner  afore- 
said, such  ascertainment  of  compensation,  with  the  mode  of 
making  it,  and  such  payment  or  deposit  of  the  same  com- 
pensation as  aforesaid ;  a  certificate  copy  of  which  rule  shall 
be  recorded  and  indexed  in  the  proper  recorder's  office,  in 
like  manner  and  with  the  like  effect  as  if  it  were  a  deed  of 
conveyance  from  the  said  owners  and  parties  interested  to  the 
said  corporation.  Upon  the  entry  of  such  rule  the  said  cor- 
poration shall  become  seised  in  fee  of  all  the  lands  and  real 
estate  described  in  said  rule,  as  required  to  be  taken  as  afore- 
said, during  the  continuance  of  the  corporation,  by  this  or 
any  subsequent  act,  and  may  take  possession  of  and  hold  and 
use  the  same  for  the  purposes  of  said  road,  and  shall  there- 
upon be  discharged  from  all  claim  for  any  damages  by  reason 
of  any  matter  specified  in  said  petition,  certificate  or  rule  of 
said  court.  If  at  any  time  after  an  attempt  or  actual  ascer- 
tainment of  compensation  under  this  or  any  other  act,  or  any 
purchase  by,  or  donation  to  said  corporation,  of  any  lands 
for  the  purposes  aforesaid,  it  shall  appear  that  the  title  ac- 
quired thereby  to  all  or  any  part  of  such  lands  for  the  use  of 
said  road,  or  if  said  corporation  should  fail  or  be  deemed  de- 
fective, the  said  corporation  may  proceed  anew  to  perfect 
such  title,  by  procuring  an  ascertainment  of  the  compensa- 
tion proper  to  be  made  to  any  person  or  persons  whose  title, 
claim  or  interest  in,  or  lien  upon  such  lands,  and  by  making 
payment  thereof  in  the  manner  hereinafter  provided,  as  near 
as  may  be,  and  at  any  stage  of  such  new  proceedings,  or  of 
any  proceedings  under  this  act,  the  court  may,  by  a  rule  in 
that  behalf  made,  authorize  the  said  corporation,  if  already 
in  possession  ;  and  if  not  in  possession,  to  take  possession  of 
and  use  such  premises  .during  the  pendency  and  until  the 
final  conclusion  of  such  proceedings,  and  may  stay  all  actions 
and  proceedings  against  such  corporation  on  account  thereof: 
Provided,  Such  corporation  shall  pay  a  sufficient  sum  into 
'court,  or  give  approved  security  to  pay  the  compensation  in 
'  that  behalf,  when  ascertained ;  and  in  every  case  where  pos- 
n  shall  b£  so  authorized,  it  shall  be  lawful  for  the  owner 


LAWS   OF   ILLINOIS.  19 

to  conduct  the  proceedings  to  a  conclusion,  if  the  same  shall 

be  delayed  by  the  company.    The  said  commissioners  shall      commis- 

•L  .  ,     ,  .  .  ,  .  .        sioncrs'  pay, 

be  entitled  to  receive  from  said  corporation  a  compensation  $2  per  day 
not  exceeding  two  dollars  for  each  day  actually  employed  by  GO. 
them  in  the  discharge  of  their  duties.  Such  compensation 
to  be  taxed  and  allowed  by  the  court.  If  any  commissioner 
so  appointed  shall  die,  be  unable  or  fail  to  serve,  the  court 
may  appoint  another  in  his  place,  on  reasonable  notice  of  the 
application,  to  be  approved  by  the  court.  The  proceedings 
hereby  authorized  may  be  had  in  the  circuit  court  in  a  county 
where  the  lands  lie,  and  all  motions  to  the  circuit  court  shall 
be  made  at  a  general  or  special  term  thereof  in  said  county. 
The  said  commissioners  shall  file  the  said  certificate  in  the 
county  where  the  lands  to  be  affected  may  lie,  or  in  any  adja- 
cent county,  and  any  clerk  may  transfer  the  same  and  the 
proceedings  connected  therewith  to  the  clerk  of  the  county  in 
which  the  lands  to  be  affected  may  lie,  or  of  any  county  ad- 
jacent thereto,  whenever  such  commissioner  or  clerk  shall  be 
so  required  by  said  corporation,  its  agent  or  attorney.  And 
the  legislature  hereby  reserves  [the  right]  to  itself  to  indicate 
the  routes  and  termini  of  said  roads,  and  the  same  shall  not  Duty  of 

court. 

be  constructed  or  commenced  without  the  expressed  sanction 
of  the  legislature  of  this  state,  by  a  law  to  be  passed  here- 
after. 

SEC.  23.  In  case  any  infant,  idiot  or  insane  person,  or  any 
unknown  owner  or  owners,  not  personally  notified  to  appear, 
and  who  shall  not  appear  after  such  notice,  on  the  appoint- 
ment of  commissioners,  shall  be  interested  in  any  such  lands, 
real  estate  and  property,  the  court  shall  appoint  some  proper 
person  to  appear  before  the  said  commissioners  and  act  as 
attorney  for  and  in  behalf  of  such  infant,  idiot,  insane  person, 
unknown  owner  or  non-appearing  owner,  not  personally 
served  with  notice. 

SEC.  24.  If  at  any  time  after  the  location  of  the  track  of  Line  may 
said  road,  in  whole  or  in  part,  and  the  filing  of  the  map 
thereof,  it  shall  appear  to  the  directors  of  said  company  that 
the  line  in  some  parts  thereof  may  be  improved,  it  shall  be 
lawful  for  the  said  directors,  from  time  to  time,  to  alter  the 
line  and  cause  a  new  map  to  be  filed  in  the  office  where  the 


20  LAWS   OF   ILLINOIS. 

map  showing  the  first  location  is  or  shall  be  filed,  and  may 
thereupon  proceed  to  take  possession  of  the  lands  embraced 
in  such  new  location  that  may  be  required  for  the  construc- 
tion and  maintenance  of  such  road  on  such  new  line,  and  the 
convenient  accommodations  appertaining  to  the  same,  either 
by  agreement  with  the  owner  or  owners,  or  by  such  pro- 
ceedings, as  near  as  may  be,  as  are  authorized  under  the  pre- 
ceding section  of  this  act,  and  use  the  same  in  place  of  the 
line  for  which  the  new  is  substituted.  Nothing  in  this  act 
contained  shall  authorize  the  said  company  to  make  a  location 
of  their  track  within  any  city  without  the  consent  of  the 
common  council  of  said  city. 

Highways,  SEC.  25.  "Whenever  the  track  of  said  rail-road  shall  cross  a 
road  or  highway,  such  road  or  highway  may  be  carried  under 
or  over  the  track,  as  may  be  found  most  expedient;  and  in 
cases  where  an  embankment  or  cutting  shall  make  a  change 
in  the  line  of  such  road  or  highway  desirable,  with  a  view  to 
a  more  easy  ascent  or  descent,  the  said  company  may  take 
such  additional  lands  for  the  construction  of  such  road  or 
highway,  or  such  new  line,  as  may  be  deemed  requisite  by 
said  directors.  Unless  the  lands  so  taken  shall  be  purchased 
or  voluntarily  given  for  the  purposes  aforesaid,  compensation 
therefor  shall  be  ascertained  in  the  manner  in  this  act  pro- 
vided, as  nearly  as  may  be,  and  duly  made  by  said  corpora- 
tion to  the  owners  and  persons  interested  in  such  lands,  the 
same  when  so  taken  or  compensation  made  to  become  part  of 
such  intersecting  road  or  highway,  in  such  manner  and  by 
such  tenure  as  the  adjacent  parts  of  the  same  highway  may 
be  held  for  highway  purposes. 

Lands  may     SEC.  26.  If  any  such  corporation  shall,  for  its  purpose  afore- 

be  granted.  i        i    ,  ,         «    ,  • 

said,  require  any  land  belonging  to  the  people  01  this  state, 
or  to  any  of  the  counties  or  towns,  the  general  assembly  of 
the  state  and  the  county  or  town  oflficers  respectively,  having 
charge  of  such  lands,  may  grant  such  lands  to  such  corpora- 
tions for  a  compensation,  which  shall  be  agreed  upon  between 
them  ;  and  if  they  shall  not  agree  upon  a  sale  and  price,  the 
same  may  be  taken  by  the  corporation  as  is  before  provided 
in  respect  to  other  cases. 


LAWS    OF    ILLINOIS.  21 

SEC.  27.  Every  conductor,  baggage-master,  engineer,  brake-    officers  to 

.          J  '  i  M  i  *•         ^ear  badge. 

man  or  other  servant  01  any  such  rail-road  corporation, 
employed  in  a  passenger  train,  or  at  stations  for  passengers, 
shall  wear  upon  his  hat  or  cap  a  badge,  which  shall  indicate 
his  office,  and  the  initial  letters  of  the  style  of  the  corporation 
by  which  he  is  employed.  No  conductor  or  collector  without 
such  badge  shall  demand  or  be  entitled  to  receive  from  any 
passenger  any  fare,  toll  or  ticket,  or  exercise  any  of  the 
powers  of  his  office  ;  and  no  other  of  said  officers  or  servants, 
without  such  badge,  shall  have  any  authority  to  meddle  or 
interfere  with  any  passenger,  his  baggage  or  property. 

SEC.  28.   Every  such  corporation  shall  make  an  annual       Ammai 
report  to  the  secretary  of  this  state,  of  the  operations  of  the rq 
year  ending  on  the  first  day  of  January ;  which  report  shall 
be  verified  by  the  oaths  of  the  treasurer  and  the  acting 
superintendent  of  operations,  and  filed  in  his  office  .by  the 
twentieth  day  of  January,  in  each  year,  and  shall  state — 

1st.  The  capital  stock  and  the  amount  actually  paid  in : 

2d.  The  amount  expended  for  the  purchase  of  lands  for 
the  construction  of  the  road,  for  buildings,  and  for  engines 
and  for  cars  respectively : 

3d.  The  amount  and  nature  of  its  indebtedness,  and  the 
amounts  due  the  corporation : 

4th.  The  amount  received  for  the  transportation  of  pas- 
sengers, of  property,  of  the  mails  and  from  other  sources : 

5th.  The  amount  of  freight,  specifying  the  quantity  in 
tons,  of  the  products  of  the  forests,  of  animals,  of  vegetable 
food,  other  agricultural  products,  manufactures,  merchandise 
and  other  articles : 

6th.  The  amount  paid  for  repairs,  engines,  cars,  buildings 
and  salaries  : 

7th.  The  number  and  amount  of  divylends,  and  when  paid  : 

8th.  The  number  of  engine  houses  and  shops,  of  engines 
and  cars,  and  their  character : 

9th.  The  number  of  miles  run  by  passenger,  freight  and 
other  trains  respectively : 

10th.  The  number  of  men  employed,  and  their  occupation  : 

llth.  The  number  of  persons  injured  in  life  or  limb,  and 
the  causes  of  such  inj  ury : 


22  LAWS    OF    ILLINOIS. 

12th.  Whether  any  accidents  have  arisen  from  carelessness 
or  negligence  of  any  persons  in  the  employment  of  the  cor- 
poration, and  whether  such  person  is  retained  in  the  service 
of  the  corporation. 

Penalty.  SEC.  29.  Any  such  corporation  which  shall  neglect  to  make 
such  report,  shall  be  liable  to  a  penalty  of  two  hundred  and 
fifty  dollars,  to  be  sued  for  in  the  name  of  the  people  of  this 
state. 

Property  SEC.  30.  The  property  belonging  to  any  company  organized 
under  the  provisions  of  this  act,  shall  be  listed  by  the  resi- 
dent secretary  or  other  proper  officer  with  the  auditor  of 
state,  which  shall  be  subject  to  the  same  rate  of  taxation  as 
other  similar  property  of  individuals,  and  the  revenue  arising 
therefrom  shall  be  paid  into  the  state  treasury,  until  the 
entire  extinction  of  the  internal  improvement  debt  of  the 
state,  after  which  the  said  property  shall  be  subject  to  taxa- 
tion, and  the  revenue  arising  therefrom  paid  as  in  the  case 
of  all  other  property  in  the  state.  The  revenue  derived  under 
this  section  to  be  applied  to  the  payment  of  the  public  debt 
of  the  state. 

Lien?.  SEC.  31.  The  state  shall  have  a  lien  upon  all  rail-roads  of 
said  corporations,  and  their  appurtenances  and  stock  therein, 
for  all  penalties,  taxes  and  dues  which  may  accrue  to  the 
state  from  said  corporations ;  which  lien  of  the  state  shall 
take  precedence  of  all  demands,  judgments  or  decrees 
against  said  corporations  ;  and  the  citizens  of  this  state  shall 
have  a  lien  upon  all  personal  property  of  said  corporation  to 
the  amount  of  one  hundred  dollars,  originally  contracted 
within  this  state  ;  which,  after  said  lien  of  the  state,  shall 
take  precedence  of  all  other  debts,  demands,  judgments  or 
decrees,  liens  or  mortgages  against  said  corporation. 

Toiismay  SEC.  32.  The  legislature  may,  when  any  such  rail-road 
shall  be  opened  for  use,  from  time  to  time,  alter  or  reduce 
the  rates  of  toll,  fare,  freight  or  other  profits  upon  such 
road  ;  but  the  game  shall  not,  without  the  consent  of  the 
corporation,  be  so  reduced  as  to  produce  with  said  profits  less 
than  fifteen  per  cent,  per  annum  on  the  capital  actually  paid 
in ;  nor,  unless  on  an  examination  of  the  amounts  received 
and  expended,  to  be  made  by  the  secretary  of  state,  he  shall 


LAWS   OF   ILLINOIS.  23 

ascertain  that  the  net  income  divided  by  the  company  from 
all  sources  for  the  year  then  last  past  shall  have  exceeded 
an  annual  income  of  fifteen  per  cent,  upon  the  capital  of  the 
corporation  actually  paid  in. 

SEC.  33.  Any  such  corporation  shall,  when  applied  to  by  TO  carry 
the  postmaster-general,  convey  the  mail  of  the  United  States  m< 
on  their  road  or  roads  respectively  ;  and  in  case  such  corpo- 
ration shall  not  agree  as  to  rates  of  transportation  thereof, 
and  as  to  time,  rate  of  speed,  manner  and  condition  of  carry- 
ing the  same,  it  shall  be  lawful  for  the  governor  of  this  state 
to  appoint  three  commissioners,  who,  or  a  majority  of  them, 
after  fifteen  days'  notice,  in  writing,  of  the  time  and  place  of 
meeting  to  the  corporation,  shall  determine  and  fix  the  prices, 
times  and  condition  aforesaid,  but  such  prices  shall  not  be 
less  for  carrying  said  mails  in  the  passenger  trains  than  the 
amount  which  such  corporation  would  receive  as  freight  on  a 
like  weight  of  merchandise  transported  in  their  merchandise 
trains,  and  a  fair  compensation  for  the  post-office  car.  And 
in  case  the  postmaster-general  shall  require  the  mail  to  be 
carried  at  other  hours,  and  at  a  higher  speed  than  the  passen- 
ger trains  be  run  at,  the  corporation  shall  furnish  an  extra 
train  for  the  mail,  and  be  allowed  an  extra  compensation  for 
the  expenses  and  wear  and  tear  thereof,  and  for  the  services 
to  be  fixed  aforesaid. 

SEC.  34.  If  any  passenger  shall  refuse  to  pay  his  fare  or  toll,    Penalty  on 
it  shall  be  lawful  for  the  conductor  of  the  train  and  the  ser- pay  fare, 
vants  of  the  corporation  to  put  him  out  of  the  cars  at  any 
usual  stopping  place  the  conductor  shall  select. 

SEC.  35.    Every  such  corporation  shall  start  and  run  their      Eegniar 
cars  for  the  transportation  of  passengers  and  property  at  re-  fixed, 
gular  times,  to  be  fixed  by  public  notice,  and  shall  furnish 
sufficient  accommodations  for  the  transportation  of  all  such 
passengers  and  property  as  shall,  within  a  reasonable  time 
previous  thereto,  offer  or  be  offered  for  transportation  at  the 
place  of  starting,  and  the  junctions  of  other  rail-roads,  and  at 
sidings  and  stopping  places  established  for  receiving  and  dis- 
charging way  passengers  and  freight,  and  shall  take,  trans- 
port and  discharge  such  passengers  and  property  at,  from 


24:  LAWS    OF   ILLINOIS. 

and  to  such  places,  on  the  due  payment  of  tolls,  freight  or 
fare,  legally  authorized  therefor. 
Penalty  of     SEC.  36.  In  case  of  the  refusal  by  such  corporation,  or  their 

corporation. 

agents,  to  take  or  transport  any  passenger  or  property,  or  to 
deliver  the  same,  or  either  of  them,  at  the  regular  or  appointed 
time,  such  corporation  shall  pay  to  the  party  aggrieved  all 
damages  which  shall  be  sustained  thereby,  with  costs  of  suits. 
Trains,  SEC.  37.  In  forming  a  passenger  train,  baggage  or  freight 

how  placed.  ' 

or  merchandise  or  lumber  cars  shall  not  be  placed  in  rear  of 

passenger  cars,  and  if  they  or  any  of  them  shall  be  so  placed, 

and  any  accident  shall  happen  to  life  or  limb,  the  officer  or 

agent  who  so  directed  or  knowingly  suffered  such  arrange- 

Penaity  for  ment,  and  the  conductor  or  engineer  of  the  train,  shall  each 

and  all  be  held  guilty  of  intentionally  causing  the  injury,  and 

be  punished  accordingly. 

ECU  or     SEC.  38.  A  bell  of  at  least  thirty  pounds  weight,  or  a  steam 

whistle  to  be      ,.,,,,,,,  ,     ,      r  ITU 

kept.  whistle,  shall  be  placed  on  each  locomotive  engine,  and  shall 
be  rung  or  whistled  at  a  distance  of  at  least  eighty  rods  from 
the  place  where  the  said  road  shall  cross  any  other  road  or 
street,  and  be  kept  ringing  or  whistling  until  it  shall  have 
crossed  said  road  or  street,  under  a  penalty  of  fifty  dollars 
for  every  neglect,  to  be  paid  by  the  corporation  owning  the 
rail-road,  one-half  thereof  to  go  to  the  informer,  and  the 
other  half  to  the  state,  and  also  be  liable  for  all  damages 
which  shall  be  sustained  by  any  person  by  reason  of  such 
neglect. 

Boards  to  SEC.  39.  Every  such  corporation  shall  cause  boards  to  be 
placed,  well  supported  by  posts  or  otherwise,  and  constantly 
maintained  across  each  public  road  or  street,  where  the  same 
is  crossed  by  the  rail-road  on  the  same  level.  Said  boards 
shall  be  elevated,  so  as  not  to  obstruct  the  travel,  and  to  be 
easily  seen  by  travellers ;  and  on  each  side  of  said  boards 
shall  be  painted  in  capital  letters,  of  at  least  the  size  of  nine 
inches  each,  the  words  "  Rail-road  crossing — look  out  for  the 
cars  while  the  hell  rings,  or  the  whistle  sounds"  But  this 
section  shall  not  apply  to  streets  in  cities  or  villages,  unless 
the  corporation  be  required  to  put  up  such  boards  by  the 
officers  having  charge  of  such  streets. 


LAWS   OF   ILLINOIS.  ZO 

SEC.  40.  If  any  person  shall,  while  in  charge  of  a  locomo-   penalty  for 

,.  .  .  ,,  .,  ,      „  ,  intoxication. 

tive  engine  running  upon  the  rail-road  01  any  such  corpora- 
tion, or  while  acting  as  the  conductor  of  any  car  or  train  of 
cars  on  any  such  rail-road,  be  intoxicated,  he  shall  be  deemed 
guilty  of  a  misdemeanor. 

SEC.  41.  If  any  person  shall  wilfully  do,  or  cause  to  be       Penalty 
done,  any  act  or  acts  whatever,  whereby  any  building,  con-  company! 
struction  or   work  of  any  such  corporation,  or  any  engines, 
machines  or  structures,  or  any  matter  or  tiling  appertaining 
to  the  same,  shall  be  stopped,  obstructed,  impaired,  weakened, 
injured  or  destroyed,  the  person  or  persons  offending  shall 
be  guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay  to  the 
said  corporation  treble  the  amount  of  damages  sustained  by 
means  of  such  offence. 

SEC.  42.  All  penalties  imposed  by  this  act  may  be  sued     Penalties, 
for  by  the  district  attorney,  and  in  the  name  of  the  people  of  verla. re 
the  state  of  Illinois ;  and  if  such  penalty  be  for  a  sum  not 
exceeding  one   hundred   dollars,   then  each   suit  may   be 
brought  before  a  justice  of  the  peace. 

SEC.  43.  Every  such  corporation  shall,  within  a  reasonable 
time  after  the  road  shall  be  located,  cause  to  be  made — 

1st.  A  map  and  profile  thereof,  and  of  the  land  taken  or     Map  and 
obtained  for  the  use  thereof,  and  file  the  same  in  the  office  of pr 
the  secretary  of  state  ;  and  also  like  maps  of  the  parts  thereof 
located    in   different   counties,   and   file   the   same  in    the 
office  for  recording  deeds  in  the  county  in  which  said  parts 
of  said  road  shall  lie,  there  to  remain  as  of  record  forever. 

2d.  A  certificate  specifying  the  line  upon  which  it  is  pro-   certificate. 
posed  to  construct  the  rail-road  and  the  grades  and  curves. 

SEC.  44.  If  any  such  corporation  shall  not,  within  five  years      TO  com- 
after  its  incorporation,  begin  the  construction  of  its  road  and  ™?np?etean 
expend  thereon  ten  per  cent,  on  the  amount  of  its  capital, ro! 
and  finish  the  road  and    put  it  in  full  operation  in  ten  years 
thereafter,  its  act  of  incorporation  shall  become  void. 

SEC.  45.   All   existing  rail-road  corporations  within  this      Exis-ing 
state  shall  respectively  have  and  possess  all  the  powers  andco' 
privileges,  and  be  subject  to  all  the  duties  and  liabilities  and 
provisions  contained  in  this  act,  so  far  as  they  shall  be  appli- 
cable to  their  present  conditions,  and  not  inconsistent  with 


26 


LAWS   OF   ILLINOIS. 


their  several  charters ;  and  all  rail-road  companies  that  are 
now  constructing  their  roads  may  acquire  title  to  lands  neces- 
sary for  that  purpose  under  the  provisions  of  this  act. 

SEC.  46.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  November  5. 1849. 


AN  ACT 

SUPPLEMENTAL   TO   AN   ACT   ENTITLED   "AN   ACT  TO  PROVIDE  FOR 
A    GENERAL   SYSTEM   OF    RAIL-ROAD    INCORPORATIONS." 

stock  may     SEC.  1.  Be  it  enacted  Tni  the  'people  of  the  State  of  Illinois. 

be    subscrib-  ,.         T        ^,  -,      A  -n         rm  i 

ed.  represented  in  the  General  Assembly,    That  whenever  the 

citizens  of  any  city  or  county  in  this  state  are  desirous  that 
said  city  or  county  should  subscribe  for  stock  in  any  rail-road 
company  already  organized  or  incorporated,  or  hereafter  to 
be  organized  or  incorporated  under  any  law  of  this  state, 
such  city  or  county  may,  and  are  hereby  authorized  to  pur- 
chase or  subscribe  for  shares  of  the  capital  stock  in  any  such 
company,  in  any  sum  not  exceeding  one  hundred  thousand 
dollars  for  each  of  such  cities  or  counties ;  and  the  stock  so 
subscribed  for  or  purchased,  shall  be  under  the  control  of  the 
county  court  of  the  county  or  common  council  of  the  city 
making  such  subscription  or  purchase,  in  all  respects  as  stock 
owned  by  individuals. 
May  bor-  gE0.  £.  That  for  the  payment  of  said  stock,  the  nudges  of 

row  money.  r    J  J 

the  county  court  of  the  county  or  the  common  council  of 
the  city  making  such  subscription  or  purchase,  are  hereby 
authorized  to  borrow  money  at  a  rate  not  exceeding  ten  per 
cent,  per  annum,  and  to  pledge  the  faith  of  the  county  or 
city  for  the  annual  payment  of  the  interest,  and  the  ultimate 
redemption  of  the  principal ;  or  if  the  said  judges  or  common 
council  should  deem  it  most  advisable,  they  are  hereby 
Bonds  may  authorized  to  pay  for  such  subscription  or  purchase  in  bonds 
of  the  city  or  county,  making  such  subscription  to  be  drawn 


LAWS   OF   ILLINOIS.  27 

for  that  purchase,  in  sums  not  less  than  fifty  dollars,  bearing 
interest  not  exceeding  ten  per  centum  per  annum  :  Provided, 
That  no  bond  shall  be  paid  out  at  a  less  rate  than  par  value. 

SEC.  3.  The  railroad  companies  already  organized  or  incor~ 
porated,  or  hereafter  to  be  organized  or  incorporated  under 
the  laws  of  this  state,  are  hereby  authorized  to  receive  the 
bonds  of  any  county  or  city  becoming  subscribers  to  the 
capital  stock  of  such  company  at  par,  and  in  lieu  of  cash, 
and  to  issue  their  bonds,  bearing  interest  not  exceeding  ten 
per  centum  per  annum  for  any  moneys  by  them  borrowed 
for  the  construction  of  their  rail-road  and  fixtures,  or  for  the 
purchase  of  engines  and  cars,  and  for  such  purpose  may 
dispose  of  any  bonds  by  them  received  as  aforesaid. 

SEC.  4.  JSTo  subscription  shall  be  made,  or  purchase  or  bond       vote  to 

i  •  betaken. 

issued,  by  any  county  or  city  under  the  provisions  of  this 
act,  whereby  any  debt  shall  be  created  by  said  judges  of  the 
county  court  of  any  county,  or  by  the  common  council  of 
any  city,  to  pay  any  such  subscription,  unless  a  majority  of 
the  qualified  voters  of  such  county  or  city,  (taking  as  a 
standard  the  number  of  votes  thrown  at  the  last  general 
election  previous  to  the  vote  had  upon  the  question  of  sub- 
scription under  this  act  for  county  officers,)  shall  vote  for  the 
same ;  and  the  judges  of  the  county  court  of  any  county,  or 
the  common  council  of  any  city,  desiring  to  take  stock  as 
aforesaid,  shall  give  at  least  thirty  days'  notice,  in  the  same  Notice. 
manner  as  notices  are  given  for  election  of  state  or  county 
officers  in  said  counties,  requiring  said  electors  of  said  coun- 
ties or  said  cities  to  vote  upon  the  day  named  in  such  notices, 
at  their  usual  place  of  voting,  for  or  against  the  subscription 
for  said  capital  stock  which  they  may  propose  to  make  ;  and 
said  notices  shall  specify  the  company  in  which  stock  is  pro- 
posed to  be  subscribed,  the  amount  which  it  is  proposed  to 
take,  and  the  time  which  the  bonds  proposed  to  be  issued  are 
to  run,  and  the  interest  which  said  bonds  are  to  bear ;  or  in 
case  it  is  proposed  to  borrow  money  to  pay  such  subscription, 
then  the  notices  shall  state  the  terms  upon  which  such  loan 
is  to  be  effected ;  and  the  opinion  of  the  electors  shall  be 
expressed  upon  their  ballots  "  for  subscription,"  or  "  against 
subscription,"  and  counted  and  returned  by  the  judges  and 


28  LAWS   OF  ILLINOIS. 

clerks  of  elections  as  in  other  cases  ;  and  if  a  majority  of 
the  voters  of  said  county  or  city,  assuming  the  standard 
aforesaid,  shall  be  in  favor  of  the  same,  such  authorized 
subscription  or  purchase,  or  any  part  thereof,  shall  then  be 
made  by  said  judges  or  common  council.  In  case  any 
election  had  under  this  act  is  held  upon  a  day  of  a  general 
election,  then  the  number  of  votes  thrown  at  such  general 
election  for  county  officers  shall  be  the  standard  of  the  num- 
ber of  qualified  voters  as  aforesaid.  No  bonds  shall  be  issued 
under  the  provisions  of  this  act  by  any  county  or  city, 
excepting  for  the  amounts  required  to  be  paid  at  the  time  of 
subscription,  and  for  the  amounts  of  ,and  at  the  time  when 
assessments  upon  all  the  stockholders  of  said  company  shall 
be  regularly  assessed  and  made  payable. 

SEC.  5.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved  November  6,  1849. 


AN  ACT 

ENTITLED   AN   ACT  TO  INCORPORATE   THE   ILLINOIS   AND   WISCONSIN 
RAIL-ROAD   COMPANY. 

corporators.  SEC.  !•  -B&  it  enacted  l)y  the  people  of  the  State  of  Illinois, 
represented  in  General  Assembly,  That  Neill  Donelly,  Phineas 
H.  Platt,  Enos  W.  Smith,  Henry  Sherman,  John  McClure, 
Itherian  Taylor,  Josiah  D.  Wight,  Lindsey  Joslyn,  Michael 
A.  McCahill,  George  H.  Bently,  Joseph  Golden,  William 
Sloan,  Martin  Small,  and  their  associates,  successors  and 
assigns,  be,  and  they  are  hereby  authorized  and  empowered 
to  associate  themselves  together  by  the  name  and  style  of  the 
object  of"  Illinois  and  Wisconsin  Rail-road  Company,"  with  all  the 

corporation.     .    ,  ...  .  .   .  .11 

rights,  privileges  and  immunities  that  may  be  acquired  by 
any  rail-road  company  under  and  by  virtue  of  the  provisions 
of  an  act  entitled  "  An  act  to  provide  for  a  general  system 
of  rail-road  incorporations,"  approved  November  5,  1819; 
and  the  said  company,  when  organized  under  the  provisions 
of  said  act,  are  hereby  authorized  to  take  private  property. 


LAWS   OF   ILLINOIS.  29 

in  the  manner  prescribed  by  said  act,  for  the  purpose  of 
building  and  maintaining  a  rail-road  from  the  north  line  of 
the  county  of  McHenry,  in  the  state  of  Illinois,  thence  to 
the  village  of  Woodstock,  in  said  McHenry  county,  thence 
to  such  point  on  the  Chicago  and  Galena  Union  Kail-Road 
as  may  be  deemed  practicable  to  form  a  junction  with  the 
above  named  Chicago  and  Galena  Union  Rail-Road  Com- 
pany, in  the  counties  of  Cook,  Kane  and  McHenry.  And  it  Junctions, 
is  further  provided,  that  the  said  Illinois  and  Wisconsin 
Rail-Road  Company  may  have  power,  and  they  are  hereby 
authorized  to  unite  and  form  a  junction  with  any  other  rail- 
road company  in  the  counties  of  Kane  and  Cook,  on  such 
conditions  as  the  said  Illinois  and  Wisconsin  Rail-Road  Com- 
pany may  deem  proper.  And  it  is  further  provided,  that 
the  said  Illinois  and  Wisconsin  Rail-Road  Company  are 
hereby  authorized  and  empowered  to  unite  or  consolidate 
their  road  with  any  rail-road  company  now  incorporated,  or 
that  may  hereafter  be  incorporated  in  the  state  of  Wisconsin, 
and  place  the  said  road  when  consolidated  under  the  control 
and  supervision  of  a  joint  board  of  directors,  upon  such  con- 
ditions, provisions  and  limitations  as  may  be  mutually  agreed 
upon  by  said  rail-road  companies. 

SEC.  2.  The  said  Illinois  and  Wisconsin  Rail-Road,  when    statement 

i  c  •11111  °^      .capital 

organized  as  aforesaid,  shall  make  out  a  statement  and  for- stock,  &c. 
ward  it  to  the  secretary  of  this  state,  at  the  end  of  each  year, 
showing  the  amount  of  capital  stock  of  said  company,  and 
the  amount  of  indebtedness  and  resources  of  said  company  : 
taking  the  aggregate  amount  of  expenditures,  receipts  and 
resources  per  mile  of  the  whole  distance  of  said  road  in  this 
state,  any  thing  in  the  twenty-eighth  and  twenty-ninth  sec- 
tions of  the  general  rail-road  law  of  the  state  of  Illinois,  ap- 
proved November  fifth,  one  thousand  eight  hundred  and 
forty-nine,  to  the  contrary  notwithstanding. 

SEC.  3.  The  said  Illinois  and  Wisconsin  Rail-Road  Com- Extension, 
pauy  shall  have  full  power,  and  they  are  hereby  authorized 
at  any  future  time,  not  to  exceed  fifty  years,  if  they  should 
deem  it  practicable,  to  extend  their  rail-road  from  the  village 
of  Woodstock,  in  the  county  of  McHenry,  in  this  state,  to 
the  city  of  Chicago,  in  the  county  of  Cook,  and  they  shall 


30  LAWS   OF   ILLINOIS. 

have  full  power  to  unite  or  connect  with  any  company  or 
corporation  associated  together  for  rail-road  purposes  in  said 
city  of  Chicago  and  county  of  Cook,  and  the  said  company 
may  unite  or  connect  with  any  rail-road  company  or  corpora- 
tion running  from  the  south  part  of  this  state  and  terminat- 
ing at  Chicago,  or  with  any  company  or  corporation  running 
from  the  east  through  the  state  of  Indiana,  and  terminating 
at  Chicago  or  passing  through  Chicago. 

Limitation     SEC.  4.  The  capital  stock  of  said  company  is  not  to  exceed 
stock.         one  million  of  dollars,  and  this  charter  shall  expire  at  the 
end  of  fifty  years. 

SEC.  5.  This  act  to  take  effect  from  and  after  its  passage. 

Approved  Feb.  12,  1851. 


AN  ACT 


SUPPLEMENTAL   TO   AN   ACT  ENTITLED   "  AN  ACT  TO  INCORPORATE 
THE   ILLINOIS   AND   WISCONSIN   KAIL-ROAD   COMPANY." 


Loan.  SEC.  1.  Be  it  enacted  l)y  the  people  of  the  State  of  Illinois, 

represented  in  the  General  Assembly,  That  as  soon  as  the  said 
Illinois  and  Wisconsin  Rail-Eoad  Company  shall  have  organ- 
ized and  subscribed  one  thousand  dollars  per  mile  of  said 
rail-road  intended  to  be  constructed  in  this  state,  that  then 
said  company  shall  be  allowed  to  borrow  money  at  a  rate  of 
interest  not  exceeding  ten  per  cent,  per  annum. 

Koute.  SEC.  2.  That  said  company  shall  have  power  to  run  said 

road  from  Algonquin,  in  McHenry  county,  to  the  state  line, 
on  the  most  eligible  route,  without  reference  to  intermediate 
points  in  the  line  of  said  road  as  described  in  said  act  to 
which  this  is  an  amendment. 

SEC.  3.  This  act  to  be  in  force  from  and  after  its  passage. 
Approved  February  17,  1851. 


LAWS   OF   ILLINOIS.  31 


AN  ACT 

TO   AMEND   THE   LAW   CONDEMNING   EIGHT   OF  WAT  FOK  PURPOSES 
OF   INTERNAL   IMPROVEMENT. 

SEC.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  .Petition  for 
represented  in  the  General  Assembly,  That  when  any  public 
road,  rail-road,    plank-road,    turnpike-road,    canal  or  other 
public  work  shall  have  been  located  by  any  officer  or  agent 
of  the  state,  or  of  any  county,  or  any  person,  or  corporation 
vested  with  power  to  take  and  apply  private  property  in  the 
construction  or  use  of  such  road,  canal  or  other  work,  or  for 
any  purpose  connected  with  the  same,  such  as  constructing 
bridges,  dams,  locks,  embankments,  excavations,  spoil-banks, 
turn-outs,  depots,  engine  houses,   shops,    turn-tables,   boat 
yards,  wharves  or  docks,  and  the  right  or  title  to  property 
required  for  any  such  uses  or  purposes  cannot  be  obtained 
by  purchase,  a  petition  shall  be  filed  in  the  clerk's  office  of 
the  circuit  court  of  each  county  through  which  the  location 
aforesaid  is  made,  setting  forth,  by  reference,  the  authority 
to  construct  the  work,  and  the  right  to  take  and  apply  pri- 
vate property,  and  if  the  right  way  only  is  desired,  describ- 
ing by  its  numbers,  or  other  appropriate  description,  each 
lot  or  parcel  of  land  over  or  across  which  such  right  is  de- 
sired ;  or  if  property  is  required  for  all  or  any  of  the  other 
purposes  herein  specified,  stating  such  purpose  and  describ- 
ing the  property  so  required  ;   and  in  either  or  both  cases 
stating  the  names  of  all  persons  interested,  as  owners  or 
otherwise,  in  the  property  to  be  affected,  if  known,  or  if  not 
known,  stating  that  fact,  and  requesting  such  court  to  caus*e 
to  be  ascertained  the  compensation  to  be  made  to  each  owner 
of  or  person  interested  in  property  required  as  aforesaid,  and 
upon  payment  thereof,  to  require  a  conveyance  or  release  of 
the  same,  or  that  by  an  order  or  orders  of  court  the  right  and 
title  be  invested  in  the  state,  county,  corporation  or  other 
person  in  whose  name  or  behalf  the  petition  is  filed,  -to  be 
applied  and  used  for  the  purposes  stated  in  the  petition. 


32 


LAAVS   OF   ILLINOIS. 


Proceedings.  gEC>  9.  Upon  the  filing  of  the  petition  aforesaid,  and  giving 
the  persons  interested  in  the  property  required  reasonable 
notice  thereof,  and  of  the  time  and  place  of  making  the 
application  herein  provided  for,  the  petitioner  in  person,  or 
by  attorney,  may  apply  to  the  judge  of  said  court,  or  to  the 
judge  of  the  county  court,  or  either  of  the  associate  judges 
of  the  last  named  court,  to  appoint  commissioners  to  fix  the 
compensation  to  be  made  to  the  parties  interested  as  afore- 
said, for  the  right  of  way  over  or  across  land,  and  for  land 
required  for  any  of  the  other  purposes  herein  expressed,  as 
well  as  to  assess  the  damages  which  may  result  from  the  con- 
struction and  use  of  the  road,  canal  or  other  contemplated 
work.  Upon  the  hearing  of  which  application,  and  each  of 
the  parties  notified  as  aforesaid,  as  well  as  those  not  notified, 
who  may  appear,  the  said  judge  or  associate  justices  shall 
commis-  select  and  appoint  three  disinterested  freeholders  of  the 

sioners.  .      .  . 

county  commissioners  to  fix  compensation  and  assess  dam- 
ages, according  to  the  prayer  of  the  petition,  and  also  fix  the 
time  and  place  of  their  first  meeting.  And  upon  notices 
given  as  aforesaid,  from  time  to  time,  or  the  appearance  of 
parties  without  notice,  the  same  or  other  commissioners  shall 
be  appointed  to  act  with  reference  to  parties,  as  they  are 
notified  or  appear  as  aforesaid,  until  action  shall  be  had  with 
reference  to  all  the  parties  and  matters  named  in  the  petition  : 
Proviso.  Provided,  That  reasonable  notice  of  the  time  and  place  of 
making  application  for  the  appointment  of  commissioners 
shall  be  five  days,  and  one  day  in  addition  for  every  twenty 
miles'  travel  from  the  residence  of  the  party  to  the  place  of 
making  application. 
service  of  SEC.  3.  Notices  of  the  filing  petitions  and  making  applica- 

,  •  <•         .  i  •     ,  j*  • 

tions  lor  the  appointment  ot  commissioners,  in  respect  to 
lands  owned  in  whole  or  in  part  by  infants,  shall  be  served 
on  the  guardian  ;  or  if  they  have  no  guardian,  on  the  infants 
and  persons  with  whom  they  reside  ;  and  with  respect  to 
lands  owned  as  aforesaid  by  idiots,  lunatics  or  distracted  per- 
sons, on  the  conservator,  if  they  have  any,  if  not,  then  on  the 
person  under  whose  care  or  charge  they  may  be  found  ;  and 
with  respect  to  lands  owned  by  femes  covert,  on  the  hus- 
bands as  well  as  the  owner  ;  and  notices  to  non-residents  of 


notices. 


LAWS    OF   ILLINOIS.  33 

the  county,  and  persons  whose  names  are  unknown,  shall  be 
published  in  some  public  newspaper  published  in  the  county, 
if  any,  or  if  not,  in  the  nearest  paper  to  such  county,  for 
three  weeks  in  succession,  before  the  day  of  making  the  ap- 
plication aforesaid.  And  notices  so  served  or  published 
shall  be  sufficient  to  authorize  the  appointment  and  action  of 
the  commissioners  as  herein  provided  for :  Provided,  If  such  Proviso, 
rail-road  or  other  public  work  shall  be  located  on  land  the 
property  of  the  state,  the  right  of  way,  not  exceeding  one 
hundred  feet  in  width,  is  hereby  granted  to  such  company, 
corporation  or  individual. 
SEC.  4.  Commissioners  may  be  appointed  in  term  time  by  commicsion- 

ji  •         •.     •  .  ..          ,        .-,         .      ,  .       ..          era,  when  ap- 

the  circuit  court,  or  in  vacation  by  the  judges  or  j ustices  pointed. 
aforesaid,  upon  the  service  or  publication  of  notice  being 
proved  by  affidavits,  to  be  filed  and  constitute  a  part  of  the 
record  of  the  proceedings.     Upon  applications  for  appoint- 
ment in  vacation,  copies  of  the  petition,  filed  as  aforesaid, 
shall  be  used,  and  the  order  of  the  judge  or  justice  shall  be 
endorsed  thereon,  and  the  same  delivered  to  the  commission- 
ers, to  guide  them  in  their  action,  and  show  the  extent  of 
their  authority. 
SEC.  5.  Commissioners  appointed  as  aforesaid  shall  be  sworn      commis- 

,      „  „,  .         .'  ,      .     .  ,  sioners  to  be 

before  some  orncer  having  power  to  administer  oaths,  "  to  sworn. 
faithfully  and  impartially  execute  the  duties  required  of  them 
according  to  their  best  judgment  and  understanding,  and  to 
make  all  their  estimates  and  assessments  according  to  law." 
And  upon  being  sworn  as  aforesaid,  they  shall  meet  at  the 
time  and  place  fixed  by  the  court,  or  judge  or  justices  afore- 
said, and  proceed  without  delay,  upon  view  and  inspection 
of  the  premises,  as  well  as  upon  hearing  the  allegations  and  TO  view- 
testimony  of  the  parties  interested,  to  fix  the  compensation pr< 
to  be  made  to  each  party  or  owner  of  lands  to  be  taken  and 
used  as  the  way  on  which  the  road,  canal  or  other  work  shall 
be  constructed  and  pass,  also  for  lands  taken  and  used  for 
any  of  the  other  purposes  specified  in  this  act ;  and  also  es- 
timate and  assess  the  damages  sustained  by  any  person  or 
persons,  by  reason  of  the  construction  and  use  of  the  work 
specified  in  the  petition,  taking  into  consideration  and  esti- 
mating the  benefits  and  advantages  to  the  parties,  resulting 

3 


34  LAWS    OF  ILLINOIS. 

from  the  construction  and  use  of  the  road,  canal  or  other 
Proviso.  improvement :  Provided,  The  said  commissioners  shall  not 
estimate  any  benefits  or  advantages  which  may  accrue  to 
lands  affected  in  common  with  adjoining  lands,  on  which 
such  road,  or  canal  or  other  work  does  not  pass. 
TO  report  SEC.  6.  The  commissioners  shall,  from  time  to  time,  as  they 
make  decisions  with  reference  to  lands  embraced  in  their 
appointment,  make  reports  in  writing,  stating  separately  the 
compensation  to  be  paid  for  the  right  of  way  over  or  upon 
each  lot  of  land,  the  compensation  to  be  paid  for  each  lot  of 
land  required  for  any  other  purpose,  and  the  damage  allowed 
to  each  owner  or  party,  by  reason  of  the  construction  and 
use  of  the  improvement  or  work  as  aforesaid.  A  copy  of 
each  report  so  made  shall  be  delivered  to  each  of  the  parties 
in  interest,  if  requested,  and  the  original,  with  a  copy  of  the 
order  of  appointment,  shall  be  filed  with  the  clerk  of  the 
court  in  which  the  proceeding  is  had. 

Appeals  SEC.  7.  Upon  the  making  and  filing  of  any  report  as  afore- 
said, any  party  interested  may  appeal  from  the  decision  of  the 
commissioners  to  the  circuit  court  of  the  county,  as  herein- 
after provided  ;  but  if  no  appeal  is  taken,  the  decisions,  esti- 
mates and  assessments  as  reported,  shall  be  conclusive  upon 
the  parties,  and  the  right  and  title  of  that  part  of  each  lot  or 
parcel  of  land  required  as  aforesaid,  in  respect  to  which  no 
compensation  is  allowed  or  damages  assessed,  should  vest  in 
the  state,  county,  corporation  or  person  in  whose  behalf  the 
proceeding  is  had,  with  the  right  to  enter  upon  and  use  and 
apply  the  same  according  to  the  prayer  of  the  petition  and 
right  of  the  case,  and  the  right  and  title  to  that  part  of  each 
tract  of  land  required,  in  respect  to  which  compensation  is 
allowed  or  damages  assessed,  shall  vest  in  the  state,  county, 
corporation  or  person  petitioning  as  aforesaid,  upon  the  pay- 
ment of  the  compensation  and  damages  so  fixed  or  assessed, 
with  the  right  to  enier  upon  and  use  and  apply  the  same  for 
the  purposes  stated  in  the  petition. 

Payment     SEC.  8.  Payments  of  compensation  and  damages,  estimated 
e8'  and  assessed  as  aforesaid,  may  be  made,  first  to  parties  labor- 
ing under  no  disability  who  are  entitled  to  the  land ;  second, 
to  guardians  of  infants,  husbands  or  trustees  of  femes  covert; 


LAWS   OF   ILLINOIS.  35 

third,  to  conservators  of  insane  persons ;  and  a  receipt  for 
such  payments  shall  operate  as  a  confirmation  of  the  action  of 
the  commissioners,  and  shall  estop  the  parties  in  interest 
from  all  further  claims  or  proceeding  in  the  premises.  Pay- 
ments to  parties  residing  in  the  state,  but  not  in  the  county, 
including  infants  who  have  no  guardian,  and  insane  persons 
who  have  no  conservator,  shall  be  made  by  depositing  the 
money  with  the  clerk  of  the  court  in  which  the  proceeding  is 
had  ;  and  payments  to  parties  residing  out  of  the  state,  and 
persons  whose  names  are  unknown,  shall  be  made  by  de- 
positing the  money  in  the  treasury  of  the  proper  county 
where  the  land  lies ;  and  the  receipt  of  parties  entitled  to 
money  deposited  as  aforesaid  shall  operate  in  like  manner  as 
receipts  for  money  paid  to  parties  as  herein  provided  :  Pro-  Proviso 
vided.  That  if  any  person  shall  refuse  to  receive  money  when 
tendered,  payment  may,  in  such  case,  be  made  by  depositing 
the  amount  with  the  county  treasurer  aforesaid. 

SEC.  9.  Parties  desirous  to  appeal  from  decisions,  estimates       Appeal 

i  .   ,  .  .  i  .      bond. 

and  assessments,  or  either,  01  commissioners,  shall,  within 
ten  days  after  being  notified  of  the  filing  of  the  report  with 
the  clerk,  execute  and  file  an  appeal  bond  with  said  clerk, 
payable  to  the  people  of  the  state,  for  the  use  of  all  parties 
interested  in  the  condition  ;  in  which  bond  the  action  or  pro- 
ceeding appealed  from  shall  be  recited,  with  conditions,  in 
case  the  appeal  is  taken  in  behalf  of  the  petitioner,  for  the 
due  and  speedy  prosecution  of  the  appeal,  and  that  he  or 
they  will  pay  whatever  may  be  required  by  any  decision, 
order  or  judgment;  and  in  case  the  appeal  is  taken  by  any 
other  party,  with  condition  that  the  appeal  shall  be  prosecuted 
without  delay  ;  and  in  case  the  decision,  estimate  or  assess- 
ment, as  the  case  may  be,  shall  be  affirmed  or  not  increased, 
that  the  appellant  will  pay  the  costs  of  the  appeal  and  of  the 
subsequent  proceedings  therein,  if  adjudged  so  to  do  by  the 
court.  A  bond  executed  and  filed  by  responsible  securities, 
without  the  name  or  signature  of  the  party  appealing,  shall 
be  obligatory  and  sufficient ;  and  it  shall  not  be  necessary  to 
insert  any  penalty  in  any  such  bond,  but  the  party  or  parties 
executing  the  same  shall  be  liable  upon  breach,  to  pay  the 


36  LAWS   OF  ILLINOIS. 

full  amount  which  any  party  interested  in  the  condition  is  or 
may  be  entitled  to  in  the  premises. 
Appeals, by     SEC.  10.  Appeals  maybe  taken  and  prosecuted  by  husbands 

whomtaken.  /    -  ,.  »  .     , 

or  trustees  01  jemes  covert,  guardians  of  infants  and  con- 
servators of  insane  persons  ;  and  in  cases  where  infants  have 
no  guardian,  and  insane  persons  no  conservator,  appeals  may 
be  taken  by  the  friends  of  such  parties. 

Notices  of  SEC.  11.  Notices  to  parties  of  the  filing  reports  of  commis- 
sioners shall  be  given  as  is  required  in  respect  to  applications 
for  the  appointment  of  commissioners,  and  notices  of  appeals 
shall  be  given  by  the  service  of  summons,  as  in  cases  of  ap- 
Proviso. peals  from  judgment  of  justices  of  the  peace:  Provided, 
That  non-residents  of  the  state,  and  persons  whose  names  are 
unknown,  may  be  notified  by  publishing  notice  as  is  required 
in  respect  to  proceedings  in  chancery  against  non-residents. 

Possession     SEC.  12.  The  entering  upon,  taking  possession  of  and  ap- 

of    property     ,     .  ..     °,L  P*\ 

condemned,  plying  property,  with  reference  to  which  commissioners  have 
reported  as  aforesaid,  shall  not  be  hindered,  prevented  or 
delayed  by  the  prosecution  of  any  appeal,  provided  the  cor- 
poration or  person  interested  in  the  work,  or  any  responsible 
person  in  their  behalf,  will  execute  and  file  a  bond  with  the 
clerk  of  the  court  in  which  the  appeal  is  pending,  binding  the 
persons  executing  the  same  to  pay  whatever  amount  may  be 
required  by  the  order  or  judgment  of  the  court  in  said  appeal 
cause,  and  also  comply  with  or  conform  to  any  rule  or  order 
that  the  court  may  make  in  relation  to  the  matter  in  con- 
troversy. 
Appeals,  SEC.  13.  Appeals  prosecuted  under  the  provisions  of  this 

ed.w          act  shall  be  docketed  by  the  clerk  next  after  the  people's 

causes,  and  shall  be  tried  without  delay,  as  soon  as  reached 

on  the  docket,  unless  continued  for  good  cause  or  by  consent. 

Questions     SEC.  14.  Appeals  shall  bring  before  the  court  the  questions 

app°eaiecases!  decided  or  reported  on  by  the  commissioners  in  respect  to  the 
parties  to  the  appeal,  and  unless  the  parties  otherwise  agree, 
the  said  questions  shall  be  submitted  to  and  tried  by  a  jury 
as  other  appeal  cases,  the  jury  to  swear  "well  and  truly  to 
try  the  cause  ;  and  in  fixing  compensation  or  assessing  dama- 
ges, they  will  be  governed  by  the  provisions  of  the  law  under 
verdicts,  which  the  trial  is  had."  The  jury  shall  find  and  state  the 


LAWS   OF  ILLINOIS.  37 

amount,  if  any  thing,  which  shall  be  paid  as  compensation  for 
right  of  way,  the  amount,  if  any  thing,  to  be  paid  for  lands 
required  for  any  other  purpose  ;  and  the  amount,  if  any 
thing,  assessed  or  allowed  as  damages,  making  the  verdict 
conform  to  the  questions  and  facts  in  the  case.  Yerdicts 
may  be  rendered  in  writing  or  stated  orally  in  court,  and 
the  court  shall  in  all  cases  require  the  verdict  to  be  recorded 
in  such  form  as  to  express  truly  and  fully  the  finding  of  the 

JUI7- 

SEC.  15.  Upon  verdicts  rendered  by  juries,  judgments  shall  Judgments. 

be  entered,  declaring  that  upon  the  payment  of  compensation 
and  damages,  or  either,  as  the  case  may  be,  that  the  right 
and  title  to  the  same  for  which  the  compensation  is  to  be 
made,  or  on  account  of  which  damages  are  allowed,  shall 
vest  in  the  state,  county,  corporation  or  person  petitioning 
as  aforesaid,  with  the  right  to  enter  upon,  use  and  apply  the 
same  for  the  purposes  stated  in  the  petition  ;  or  if  the  verdict 
is  that  no  compensation  shall  be  made  in  money,  or  damages 
be  allowed  in  the  premises,  the  like  judgment  shall  be  enter- 
ed ;  and  verdicts  and  judgments  entered  as  aforesaid  shall  be 
final  and  conclusive  between  the  parties. 

SEC.  16.  Payments   of  judgments   entered  upon  verdicts    Payments, 
may  be  made,  and  to  have  the  like  force  and  effect  as  pro- 
vided for  in  section  eight  hereof,  or  payments  may  be  made 
in  reference  to  either  party. 

SEC.  IT.  In  appeal  cases,  courts  shall  permit  amendments  to  Amend- 
papers,  records,  bonds,  and  the  execution  of  new  bonds, 
whenever  necessary  to  a  fair  trial  and  final  determination  of 
the  questions  involved.  Courts  shall  also  have  power  to 
make  any  and  all  rules  and  orders  necessary  to  notify  par- 
ties of  the  proceeding,  and  to  issue  all  process  necessary  to 
the  execution  of  orders  and  judgments  as  they  may  be  en- 
tered. 

SEC.  18.  The  costs  of  all  proceedings  under  this  act,  except  costs  of  pro- 
such  as  arise  or  grow  out  of  appeals,  shall  be  paid  by  the 
petitioners,  and  costs  of  appeals  shall  be  paid  as  the  court 
may  direct.  Any  two  of  the  three  commissioners  may  act 
and  execute  any  or  all  of  the  duties  required.  They  shall 
have  power  to  swear  or  affirm  witnesses  who  may  be  brought 


38  LAWS   OF   ILLINOIS. 

before  them,  also  to  issue  summons  for  witnesses,  and  by 
compulsory  process  compel  their  attendance.  They  shall  also 
have  power  to  adjourn  from  day  to  day,  or  from  one  day  to 
any  succeeding  day,  not  exceeding  five,  until  they  shall  have 
determined  and  reported  upon  all  the  cases  embraced  in  their 
appointment ;  and  two  dollars  per  day  shall  be  paid  to  each 
for  his  services. 

Limitation.     SEC.  19.  All  corporations   heretofore   created  by   special 

charter  of  incorporation,  or  under  the  general  law  where  the 

termini  have  been  fixed  by  the  legislature,  and  none  others, 

may  avail  themselves  of  this  act. 

Kuie  of     SEC.  20.  Estimates   of  compensation   and   assessments   of 

damages.  •*• 

damages,  under  the  provisions  of  this  act,  shall  be  made 
with  reference  to  the  land  or  property  affected,  and  payable 
to  the  real  person  entitled  to  the  same,  whether  a  party  to 
the  proceeding  or  not. 

SEC.  21.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  June  22,  1852. 


AN  ACT 

SUPPLEMENTAL   TO   AN   ACT   ENTITLED    "  AN   ACT  TO   INCOBPOBATE 
THE   ILLINOIS  AND  WISCONSIN  KAIL-EOAD  COMPANY." 

SEC.  1.  Be  it  enacted  ly  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  Illinois  and 
Wisconsin  Kail-Road  Company  may  locate  the  northern 
terminus  of  their  road  at  a  point  on  the  north  line  of  the 
state,  within  one  mile  of  the  northwest  corner  of  McHenry 
county. 

SEC.  2.  The  said  company  may,  from  time  to  time,  increase 
their  capital  stock  until  it  amounts  to  three  millions  of  dol- 
lars, and  the  holders  of  the  stock  of  said  company  shall  be 
responsible  only  for  the  instalments  due  or  to  become  due  on 
the  stock  held  by  each  individual  respectively. 


LAWS   OF  ILLINOIS.  39 

SEC.  3.  The  stockholders  of  said  company  may,  from  time 
to  time  hereafter,  at  any  general  meeting  of  the  stockholders 
for  the  election  of  directors  of  said  company,  change  the 
number  of  the  board  of  directors  to  any  number  not  less 
than  five,  nor  more  than  fifteen,  and  the  said  directors  shall 
not  be  required  to  reside  in  this  state. 

SEC.  4.  This  act,  and  the  acts  to  which  it  is  supplemental, 
and  all  acts  supplemental  or  amendatory  of  this  said  named 
act,  shall  be  deemed  public  acts.  This  act  shall  be  in  force 
from  and  after,  its  passage. 

Approved  February  14,  1853. 


ACT  OF  CONSOLIDATION, 

PASSED   BY   GENERAL  ASSEMBLY,   FEBRUARY   SESSION,    1854. 

SEC.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  all  rail-road  com- 
panies and  plank-road  companies  now  organized,  or  here- 
after to  be  organized,  which  now  have  or  hereafter  may  have 
their  termini  fixed  by  law,  whenever  their  said  road  or  roads 
intersect  by  continuous  lines,  be,  and  the  same  are  hereby 
authorized  and  empowered  to  consolidate  their  property  and 
stock  with  each  other,  and  to  consolidate  with  companies  out 
of  this  state,  whenever  their  lines  connect  with  the  lines  of 
such  company  out  of  this  state. 

SEC.  2.  Such  consolidation  may  take  place  whenever  the 
said  companies  shall  respectively  agree  upon  the  terms  and 
conditions  of  the  same ;  and  the  said  companies,  when  so 
consolidated,  shall  be  authorized  to  agree  upon  the  name  or 
names  of  such  consolidated  company,  and  by  such  name  or 
names  the  said  consolidated  company  shall  be  a  body  cor- 
porate and  politic,  shall  have  a  common  seal  or  seals,  and  by 
such  name  or  names  shall  be  respectively  contracted  with 
and  make  contracts,  shall  sue  and  be  sued,  implead  and  be 
irnpleaded  with,  and  shall  have  all  the  powers,  franchises 
and  immunities  which  the  said  respective  companies  shall 


40  LAWS    OF  ILLINOIS. 

have,  by  virtue  of  their  respective  charters,  before  such  con- 
solidation passed  within  the  state  of  Illinois  :  Provided,  That 
each  consolidated  company  shall  file  for  record,  in  the  office 
of  secretary  of  state,  a  copy  of  their  said  articles  of  con- 
solidation, evidenced  by  the  signature  of  the  presiding  officer 
of  each  of  the  said  companies,  and  the  corporate  seal  thereof. 

SEC.  3.  The  corporation  or  corporations  formed  by  virtue 
of  the  provisions  of  this  act,  shall  have  power  to  increase 
their  capital  stock  to  any  amount  required  by  resolution  of 
their  respective  boards  of  directors,  not  exceeding  the  amount 
of  the  cost  of  the  roads  and  works  constructed  and  equipped  by 
them  ;  to  borrow  money  and  fix  the  rate  of  interest  therefor  ; 
to  issue  bonds,  and  the,  same  to  sell,  at  such  price  as  they 
may  deem  expedient,  such  sales  being  hereby  authorized  and 
confirmed,  and  to  make  any  other  contracts  authorized  by 
the  by-laws  of  the  said  corporation  or  corporations,  within 
the  purview  of  their  said  charters. 

SEC.  4.  Such  corporation  or  corporations,  when  so  formed, 
shall  have  the  same  power  to  consolidate  with  other  com- 
panies when  their  lines  connect,  upon  such  terms  as  may  be 
agreed  upon  by  them  respectively. 

SEC.  5.  No  company  in  this  state  shall  be  authorized,  under 
the  provisions  of  this  act,  to  consolidate  with  any  company 
beyond  the  limits  of  the  state,  until  the  termini  of  such  com- 
pany in  this  state  shall  first  have  been  fixed,  by  the  laws  of 
this  state,  at  the  boundary  line  thereof. 

SEC.  6.  This  act  shall  not  be  so  construed  as  to  authorize 
any  plank-road,  not  having  power  to  build  a  rail-road,  to 
consolidate  with  any  rail-road  so  as  to  lay  a  rail-road  upon 
any  plank-road  track,  until  the  termini  of  such  rail-road  shall 
have  been  expressly  fixed  by  law,  nor  shall  any  plank-road 
so  consolidate  with  any  rail-road  unless  authorized  by  law 
to  lay  a  rail-road  track. 

SEC.  7.  All  proceedings  for  the  purpose  of  consolidation,  as 
above  provided,  shall  be  fixed  and  regulated  by  the  by-laws 
of  the  respective  companies  desiring  such  consolidation  : 
Provided,  That  such  consolidation  shall  not  take  place  until 
the  terms  of  such  consolidation  shall  have  been  approved  by 
a  majority  of  the  stockholders  in  interest,  in  person  or  by 


LAWS   OF  ILLINOIS.  41 

proxy,  at  an  annual  or  called  meeting,  of  which  due  notice 
shall  be  given  by  publication  or  in  writing  to  all  stockholders 
interested,  or  the  same  be  approved  by  the  written  consent  of 
a  majority  of  stockholders  in  interest,  filed  in  the  office  of 
the  company. 

SEC.  8.  When  it  shall  be  necessary  for  the  construction  of 
any  rail-road  to  cross  the  track  of  any  other  rail-road,  stream 
of  water,  water-course,  road  or  highway,  which  it  may  inter- 
sect or  cross  by  reason  of  such  extension  into  or  through  any 
adjoining  state,  or  by  reason  of  its  consolidation  with  any 
other  road  or  roads,  company  or  companies,  as  provided  in 
this  act,  it  shall  be  lawful  for  said  company  to  construct 
their  road  across  or  over  the  same,  by  such  track  or  tracks, 
bridge  or  bridges,  viaduct  or  viaducts,  as  may  be  necessary 
to  the  convenience  of  the  extension  or  consolidation  of  said 
road :  Provided,  Said  company  shall  restore  the  rail-road, 
stream  of  water,  water-course,  road  or  highway  thus  inter- 
sected or  crossed,  to  its  former  state,  or  in  a  sufficient  manner 
not  materially  to  interfere  with  its  usefulness. 

SEC.  9.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved  Feb.  28th,  1854. 


AN  ACT 

TO   REGULATE    THE    DUTIES   AND    LIABILITIES    OF    KAIL-ROAD 
COMPANIES. 

SEC.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  every  rail-road  cor- 
poration whose  line  of  road,  or  any  part  thereof,  is  open  for 
use,  shall,  within  six  months  after  the  passage  of  this  act, 
and  every  rail-road  company  formed  or  to  be  formed,  but 
whose  lines  are  not  now  open  for  use,  shall,  within  six  months 
after  the  lines  of  such  rail-road,  or  any  part  thereof,  are 
opened,  erect  and  thereafter  maintain  fences  on  the  sides  of 
their  road,  or  the  part  thereof  so  opened  for  use,  suitable  and 
sufficient  to  prevent  cattle,  horses,  sheep  and  hogs  from  get- 


LAWS   OF   ILLINOIS. 


ting  on  to  such  rail-road,  except  at  the  crossing  of  public 
roads  and  highways,  and  within  the  limits  of  towns,  cities 
and  villages,  with  openings  or  gates  or  bars  at  the  farm- 
crossings  of  such  rail-roads,  for  the  use  of  the  proprietors  of 
the  lands  adjoining  such  rail-roads ;  and  shall  also  construct, 
where  the  same  has  not  already  been  done,  and  hereafter 
maintain,  at  all  road-crossings  now  existing  or  hereafter  es- 
tablished, cattle  guards,  suitable  and  sufficient  to  prevent 
cattle,  horses,  sheep  and  hogs  from  getting  on  to  such  rail- 
road. And  so  long  as  such  fences  and  cattle  guards  shall 
not  be  made  after  the  time  hereinabove  prescribed  for 
making  the  same  shall  have  elapsed,  and  when  such  fences 
and  cattle  guards  are  not  in  good  repair,  such  rail-road  cor- 
poration and  its  agents  shall  be  liable  for  all  damages  which 
shall  be  done  by  the  agents  or  engines  of  any  such  corpora- 
tion to  any  cattle,  horses,  sheep  or  hogs  thereon;  and  when 
such  fences  and  guards  shall  have  been  duly  made,  and  shall 
be  kept  in  good  repair,  such  rail-road  corporation  shall  not 
be  liable  for  any  such  damages,  unless  negligently  or  wilfully 
done. 

x  No  rail-road  corporation  shall  be  required  to  fence  the 
sides  of  its  roads,  except  when  such  fence  is  necessary  to 
prevent  horses,  cattle,  sheep  and  hogs  from  getting  on  to  the 
track  of  the  rail-road,  from  the  lands  adjoining  the  same ; 
nor  shall  they  be  required  to  construct  said  fences  on  the  sides 
of  their  rail-roads  where  the  same  runs  through  uninclosed 
lands  lying  at  a  greater  distance  than  five  miles  from  any 
settlement. 

Nor  shall  the  said  companies  ,  be  required  to  erect  and 
maintain  said  fences  through  lands  where  the  proprietors  of 
said  lands  have  already  erected  fences,  or  agreed  with  said 
companies  so  to  do. 

SEC.  2.  But  it  shall  be  the  duty  of  every  owner  of  land 
adjoining  any  rail-road,  who  has  received  a  specific  sum  as 
compensation  for  fencing  along  the  line  of  land  taken  for 
the  purpose  of  said  rail-road,  and  has  agreed  to  build  and 
maintain  a  lawful  fence  on  the  line  of  said  road,  to  build  and 
maintain  such  fence  ;  and  it  shall  also  be  the  duty  of  every 
owner  of  land  adjoining  any  rail-road,  who  has  received 


LAWS   OF   ILLINOIS.  43 

compensation  for  building  and  maintaining  a  lawful  fence 
on  the  line  of  said  road,  by  way  of  damages  in  the  condem- 
nation of  land  taken  for  the  purposes  of  said  rail-road,  under 
the  laws  of  this  state,  to  build  and  maintain  such  fence  ;  and 
if  said  owner,  his  heirs  or  assigns,  shall  not  build  said  fence 
within  six  months  after  he  has  been  notified  to  do  so  by  the 
said  rail-road  corporation,  or  shall  neglect  to  maintain  said 
fences  if  built,  said  corporation  shall  build  and  thereafter 
maintain  such  fence,  and  may  maintain  a  civil  action  against 
the  person  so  neglecting  to  build  or  maintain  said  fence,  to 
recover  the  expense  thereof;  and  such  rail-road  corporation 
shall  not  be  liable  to  such  owner  or  owners,  their  heirs  or 
assigns,  for  any  damages  which  shall  be  done  by  the  agents, 
engines,  locomotives  or  cars  of  any  such  corporation,  to  any 
cattle,  horses,  sheep  or  hogs  of  said  owner  or  owners,  their 
heirs,  assigns  or  lessees,  coming  upon  said  road,  by  reason  or 
on  account  of  the  failure  of  such  owner  or  owners,  their  heirs 
or  assigns,  to  construct  or  maintain  said  fences. 

SEC.  3.  If  any  person  shall  ride,  lead  or  drive  any  horse  or 
other  animal,  upon  such  road  and  within  such  fences  and 
guards,  other  than  at  farm  or  road-crossings,  without  the 
consent  of  the  corporation,  or  who  shall  pull  down,  tear 
down,  or  otherwise  render  insufficient  to  exclude  stock,  any 
part  of  said  fencing,  he  shall  be  liable  to  a  penalty  of  not 
less  than  ten  nor  more  than  one  hundred  dollars,  to  be  re- 
covered in  an  action  of  debt,  before  any  court  having  juris- 
diction in  such  cases,  in  the  name  of  the  company  or  corpo- 
ration owning  such  road,  and  for  its  use,  and  also  shall  pay 
all  damages  which  shall  be  sustained  thereby  to  the  party 
aggrieved. 

THOS.  J.  TUKNEE, 
Speaker  of  the  House  of  Representatives. 

G.  KOERNEE, 

Speaker  of  the  Senate. 
Approved  Feb.  14th,  1855. 

J.  A.  MATTESON. 


44  LAWS  OF  ILLINOIS. 

UNITED  STATES  OF  AMERICA, 


State  of  Illinois,  \     ' 

I,  Alexander  Starne,  secretary  of  state  for  the  state  of  Illi- 
nois, do  hereby  certify  that  the  foregoing  is  a  true  and  cor- 
rect copy  of  an  enrolled  law  now  hn  file  in  my  office. 

In  testimony  whereof,  I  have  hereto  set  my  hand, 
and  caused  the  great  seal  of  state  to  be  affixed. 
[L.  s.]        Done  at  the  city  of  Springfield,  this  18th  day 
of  April,  A.  D.  1855. 

ALEXANDER  STARNE, 

Secretary  of  State. 


AN  ACT 

TO   AUTHORIZE  THE   PURCHASE   OF  A  CERTAIN   RAIL-ROAD  THEREIN 
NAMED,   TO   BECOME  A   CORPORATION. 

SEC.  1.  Be  it  enacted  by  the  people  of  the  /State  of  Illinois, 
rejwesented  in  the  General  Assembly,  That  if  the  mortgage  or 
trust  deed  bearing  date  the  first  day  of  July,  A.  D.  1853, 
given  by  the  Illinois  and  Wisconsin  Rail-Road  Company  to 
David  Hoadley,  J.  Earl  "Williams  and  Julius  "Wadsworth,  as 
trustees,  shall  be  foreclosed,  either  by  bill  in  chancery  or 
by  publication  of  notice,  as  in  said  instrument  provided,  by 
said  trustees,  their  survivor  or  successors;  and  if  the  rail- 
road of  said  company,  together  with  its  franchises  and  rights 
in  said  instrument  described,  shall  be  sold  by  said  trustees, 
their  survivor  or  successors,  pursuant  to  such  foreclosure,  or 
the  terms  of  said  instrument,  the  purchaser  or  purchasers  of 
said  rail-road  and  its  appurtenances  shall,  before  being  per- 
mitted to  occupy,  use  and  operate  said  rail-road,  or  exercise 
any  of  its  franchises  of  said  company,  be  required  to  file  in 
the  office  of  the  secretary  of  state  a  duplicate  of  the  deed  or 
deeds  of  conveyance,  executed  to  him  or  them  by  said 
trustees ;  and  also,  within  sixty  days  after  the  execution  of 
said  deed  or  deeds  of  conveyance,  said  purchaser  or  pur- 
chasers shall  proceed  to  appoint  or  elect  a  board  of  at  least 


LAWS   OF   ILLINOIS.  45 

seven  directors,  to  manage  the  affairs  of  said  road,  a  certifi- 
cate of  whose  appointment  shall  be  signed  by  the  said  pur- 
chaser or  purchasers,  his,  her  or  their  executors  or  adminis- 
trators, and  filed  in  the  office  of  said  secretary  of  state  ;  and 
the  said  purchaser  or  purchasers,  his  or  their  executors,  ad- 
ministrators, successors  or  assigns,  shall,  upon  the  filing  of  said 
duplicate  deed  or  deeds  and  certificate,  become  a  body  corpo- 
rate and  politic,  and  shall  succeed  to  and  have  and  possess  all 
the  rights,  franchises  and  powers  which  are  or  may  be  vested 
in  said  Illinois  and  Wisconsin  Rail-Road  Company,  by  virtue 
of  any  law  or  laws  of  this  state,  with  power  to  fix  upon  the 
name  of  said  corporation,  the  number  of  its  directors,  not  ex- 
ceeding nine,  and  their  qualifications  and  term  of  office,  to 
fix  the  amount  of  the  capital  stock  of  said  company,  and 
divide,  transfer  and  increase  the  same. 

SEC.  2.  This  act  shall  be  a  public  act,  and  take  effect  and 
be  in  force  from  and  after  its  passage. 

THOS.  J.  TURNER, 
Speaker  of  the  House  of  Representatives . 

G.  KOERNER, 

Speaker  of  the  Senate. 
Approved  Feb.  14,  1855. 

D.  A.  MATTESON. 


UNITED  STATES  OF  AMERICA,  ) 

State  of  Illinois,  \  S8' 

I,  Alexander  Starne,  secretary  of  state  for  the  state  of  Illi- 
nois, do  hereby  certify  that  the  foregoing  is  a  true  and  cor- 
rect copy  of  an  enrolled  law  now  on  file  in  my  office. 

In  testimony  whereof,  I  have  hereto  set  my  hand 
[L.  s.]         and  affixed  the  seal  of  said  state,  this  17th  day 
of  Feb.,  A.  D.  1855. 

ALEXANDER  STARNE, 

Secretary  of  State. 


46  LAWS  OF   WISCONSIN. 


AN  ACT 

TO   INCORPORATE   THE   MADISON  AND  BELOIT   RAIL-KOAD  COMPANY. 

The  people,  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

SEC.  1.  George  H.  Slaughter,  Thomas  "W.  Sutherland, 
Thomas  T.  Whittlesey,  Nathaniel  W.  Dean,  Daniel  B.  Sneden, 
David  L.  Mills,  Joseph  B.  Doe,  A.  Hyatt  Smith,  Edward  Y. 
TVhiton,  "W.  H.  H.  Bailey,  Timothy  Jackman,  David  Nog- 
gle,  Alfred  Field  and  John  Hackett,  together  with  such  other 
persons  as  may  hereafter  become  associated  with  them  in  the 
manner  hereinafter  prescribed,  their  successors  and  assigns, 
are  hereby  created  a  body  corporate  by  the  name  of  the 
"Madison  and  Beloit  Rail-Road  Company,"  and  by  that 
name  shall  be  and  are  hereby  made  capable  in  law  to  pur- 
chase, hold  and  enjoy  and  retain  to  them  and  their  succes- 
sors, lands,  tenements  and  hereditaments,  so  far  as  may  be 
necessary  for  the  purpose  of  said  rail-road,  and  the  same  to 
sell,  grant,  rent,  or  in  any  manner  dispose  of,  to  contract  and 
be  contracted  with,  to  sue  and  be  sued,  implead  and  be  im- 
pleaded,  answer  and  be  answered,  defend  and  be  defended, 
and  also  to  make,  have  and  use  a  common  seal,  the  same  to 
alter,  break  or  renew  at  their  pleasure;  and  if  either  of  the 
persons  named  in  this  section  shall  die,  refuse  or  neglect  to 
execute  the  powers  and  discharge  the  duties  hereby  created, 
it  shall  be  the  duty  of  the  remaining  persons  hereinbefore 
named,  or  a  majority  of  them,  to  appoint  a  suitable  person  or 
persons  to  fill  such  vacancy  or  vacancies  so  often  as  the  same 
shall  occur. 

SEC.  2.  The  said  corporation  are  hereby  empowered  to 
cause  such  examination  or  surveys  to  be  made  as  shall  be 
necessary  to  ascertain  the  most  advantageous  route  whereon 
to  construct  a  rail-road,  and  shall  cause  an  estimate  to  be 
made  of  the  probable  cost  thereof,  [for  each  mile  separately,] 


LAWS   OF   WISCONSIN.  47 

and  the  said  corporation  shall  be  and  they  are  hereby 
invested  with  the  right  to  construct  a  rail-road  with  one  or 
more  railways  or  tracks  from  some  convenient  point  in  the 
village  of  Beloit,  in  the  county  of  Eock,  to  the  village  of 
Jauesville,  and  thence  to  some  convenient  point  of  termina- 
tion in  the  village  of  Madison,  in  the  county  of  Dane. 

SEC.  3.  The  capital  stock  of  said  corporation  shall  be  three 
hundred  and  fifty  thousand  dollars,  and  shall  be  divided  into 
shares  of  one  hundred  dollars  each,  and  five  dollars  on  each 
share  shall  be  paid  at  the  time  of  subscribing. 

SEC.  4.  The  above  named  persons,  or  a  majority  of  them, 
are  authorized  to  open  books  for  receiving  subscriptions  to 
the  capital  stock  of  said  company,  and  shall  prescribe  the 
form  of  such  subscription,  which  books  shall  be  opened  within 
18  months  from  the  passage  of  said  act,  at  such  place  or 
places  as  they  may  deem  expedient,  by  giving  thirty  days' 
notice  in  some  newspaper  printed  in  the  counties  of  Dane  or 
Rock,  and  in  such  other  place  or  places  as  may  be  thought 
advisable,  of  the  time  and  place,  or  times  and  places,  of 
opening  said  books,  the  said  books  to  be  kept  open  thirty 
days. 

SEC.  5.  So  soon  as  said  stock,  jor  thirty  thousand  dollars 
thereof,  shall  have  been  subscribed,  the  above  named  persons, 
or  the  same  number  thereof  as  shall  have  given  the  notice 
above  required,  shall  give  like  notice  for  the  meeting  of  the 
stockholders  to  choose  directors  at  some  -time  at  least  thirty 
days  thereafter,  and  at  some  place  within  said  counties  of 
Dane  and  Rock ;  and  if  at  such  time  and  place  the  holders  of 
one-half  or  more  of  said  stock  subscribed  shall  attend,  either 
in  person  or  by  lawful  proxy,  tliey  shall  proceed  to  choose 
from  the  stockholders,  by  ballot,  nine  directors,  each  share  of 
capital  stock  entitling  the  owner  to  one  vote  ;  and  at  such 
election  the  persons  named  in  the  first  section  of  this  act,  or 
those  appointed  by  its  provisions  to  fill  vacancies  which  may 
have  occurred,  or  any  three  of  them,  if  no  more  be  present, 
shall  be  inspectors  of  such  election,  and  shall  certify  in 
writing,  signed  by  them,  or  a  majority  of  them,  what  persons 
are  elected  directors ;  and  if  two  or  more  have  an  equal  num- 
ber of  votes,  such  inspectors  shall  determine  by  lot  which  of 


48  LAWS   OF  WISCONSIN. 

them  shall  be  directors,  to  complete  the  number  required, 
and  shall  certify  the  same  in  like  manner ;  and  such  inspectors 
shall  appoint  the  time  and  place  of  holding  the  first  meeting 
of  directors,  at  which  meeting  five  shall  form  a  board  com- 
petent to  transact  all  business  of  the  company,  and  hereafter 
a  new  election  of  directors  shall  be  made  annually,  at  such 
times  and  places  as  the  stockholders,  at  their  first  meeting, 
shall  appoint ;  and  if  the  stockholders  at  their  first  meeting 
shall  fail  to  appoint  the  day  of  such  election,  then  it  shall  be 
holden  in  the  succeeding  year,  on  the  same  day  of  the  same 
month  on  which  said  first  election  was  holden,  unless  the  same 
shall  be  on  the  first  day  of  the  week,  in  which  case  it  shall 
be  holden  on  the  day  next  succeeding;  and  if  no  election  be 
made  on  the  day  appointed,  said  company  shall  not  be  dis- 
solved, but  such  election  may  be  made  at  any  time  appointed 
by  the  by-laws  of  said  company  ;  the  said  directors  shall  elect 
one  of  their  number  president,  and  shall  appoint  a  secretary, 
treasurer,  such  engineers  and  other  officers  as  they  may  find 
necessary,  shall  fix  their  compensation,  and  may  require 
adequate  security  for  the  performance  of  their  respective 
trusts. 

SEC.  6.  The  directors  may  receive  payment  to  the  sub- 
scriptions to  the  capital  stock  at  such  time,  in  such  propor- 
tion, not  exceeding  twenty-five  per  cent,  at  any  one  instal- 
ment, under  such  conditions  as  they  shall  deem  fit,  under  the 
penalty  of  forfeiture  of  all  previous  payments  thereon,  or 
otherwise  :  Provided,  They  shall  never  require  the  payment 
to  be  made  at  any  place  out  of  the  counties  through  which 
said  road  shall  pass.  And  such  directors  shall,  at  least  thirty 
days  previous  to  the  appointed  time  of  such  required  pay- 
ment, give  notice  thereof  in  the  manner  provided  in  the 
fourth  section  of  this  act  for  giving  notice  of  the  opening  of 
the  books  of  subscription  for  the  stock  of  said  company. 

SEC.  7.  The  directors  of  said  company  shall  have  power  to 
make,  from  time  to  time,  all  needful  rules,  regulations  and 
by-laws,  touching  the  business  of  said  company,  and  to 
determine  the  number  of  tracks  and  railways  upon  said  road, 
and  the  width  thereof,  and  the  description  of  carriages 
which  may  be  used  thereon,  to  regulate  the  amount  of  tolls 


LAWS  OF  WISCONSIN.  49 

and  the  manner  of  collecting  the  same  for  such  transportation, 
and  to  fix  penalties  for  the  breach  of  any  such  rules,  regula- 
tions or  by-laws,  and  to  direct  the  mode  and  condition  of 
transferring  the  stock  of  said  company ;  and  penalties  pro- 
vided for  by  the  said  by-laws  may  be  sued  for  by  any  person 
authorized  thereby,  in  the  name  of  said  company,  and  re- 
cover in  an  action  of  debt  before  any  court  having  jurisdic- 
tion of  the  amount ;  and  the  said  company  may  erect  and 
maintain  toll  houses  and  such  other  buildings  and  fixtures  as 
the  accommodation  of  those  using  said  road  may  require. 

SEC.  8.  The  said  company  shall  have  the  right  to  enter     Repealed 

i        j  i  i  March      11, 

upon  any  lands,  to  survey  and  lay  down  said  road,  notissi. 
exceeding  one  hundred  feet  in  width,  and  whenever  any 
lands  or  materials  shall  be  required  for  the  construction  of 
said  road,  and  the  same  shall  not  be  given  or  granted  to  said 
company,  as  to  the  compensation  to  be  paid  therefor,  the 
person  or  persons  claiming  compensation  as  aforesaid,  or  if 
the  owner  or  owners  thereof  are  minors,  insane  persons  or 
married  women,  the  guardian  or  guardians  of  such  minor  or 
minors,  and  insane  persons,  and  the  husband  of  such  married 
woman,  may  select  for  themselves  an  arbitrator,  and  the 
company  shall  select  an  arbitrator,  and  the  two  thus  selected 
shall  take  to  themselves  a  third,  who  shall  be  sworn  and  paid 
by  said  company  as  arbitrators  between  the  parties,  and 
render  copies  of  their  award  to  each  of  the  parties  in  writing, 
from  which  award  either  party  may  appeal  to  the  court  of 
proper  jurisdiction  for  the  county  in  which  such  land  or 
materials  may  have  been  situated  ;  and  in  all  cases  in  which 
compensation  shall  in  any  manner  be  claimed  for  lands 
where  there  has  been  no  improvement  made,  it  shall  be  the 
duty  of  the  arbitrators  and  court  to  award  a  fair  compensa- 
tion for  said  lands  and  materials ;  and  appeals  in  such  cases 
shall,  when  taken,  be  in  all  respects  proceeded  in  as  appeals 
in  other  cases  to  said  court,  and  brought  into  said  court  by 
filing  the  award  with  the  clerk  of  said  court,  whose  duty  it 
shall  be  to  enter  the  same  on  the  docket  of  the  said  court, 
setting  down  the  claimant  or  claimants  as  plaintiff,  and  the 
said  company  as  defendant ;  and  when  the  valuation  so  ascer- 
tained shall  be  paid  or  tendered  by  said  company,  said  com- 


50  LAWS  OF  'WISCONSIN. 

pany  shall  have  the  same  right  to  retain,  own,  hold  and 
possess  said  lands  and  materials,  as  fully  and  absolutely  as  if 
the  same  had  been  granted  and  conveyed  to  said  company 
by  deed,  as  long  as  the  same  shall  be  used  for  the  purposes 
of  said  road. 

SEC.  9.  The  said  company  may  construct  the  said  rail-road 
across  any  public  or  private  road,  highway,  stream  of  water 
or  water-course,  if  the  same  shall  be  necessary,  but  the  said 
company  shall  restore  such  road,  highway,  stream  of  water 
or  water-course  to  its  former  state,  or  in  a  sufficient  manner 
not  to  impair  the  usefulness  of  said  road,  highway,  water  or 
water-course  to  the  owner  or  to  the  public. 
Repealed  SEC.  10.  All  persons  paying  the  toll  aforesaid,  mar,  with 

March      11,       ...  L.  J       °  \J 

isoi.  suitable  and  proper  carriages,  use  and  travel  upon  said  road, 
always  subject,  however,  to  such  rules  and  regulations  as 
said  company  are  authorized  to  make  by  the  seventh  section 
of  this  act. 

Repealed     SEC.  11.  So  soon  as  the  amount  of  tolls  accruing  and  re- 
March    11,  . . 
1651.         ceived  from  the  use  01  said  road  or  part  thereof,  according 

to  the  provisions  of  this  act,  shall  exceed  six  per  cent,  on  the 
amount  of  said  capital  stock  paid  in,  after  deducting  there- 
from the  expenses  and  liabilities  of  said  company,  the  direc- 
tors of  said  company  shall  make  a  dividend  of  such  net 
profits  among  the  stockholders,  in  proportion  to  their  respec- 
tive shares,  and  no  accumulative  fund,  exceeding  one  per 
cent,  of  the* profits  of  said  company,  shall  remain  undivided 
for  more  than  six  months. 

SEC.  12.  If  any  person  or  persons  shall  wilfully  obstruct, 
or  in  any  way  spoil,  injure  or  destroy  said  road,  or  any  thing 
belonging  or  incident  thereto,  or  any  materials  to  be  used  in 
the  construction  thereof,  or  any  building,  fixture  or  carriage 
erected  or  constructed  for  the  use  or  convenience  thereof, 
such  person  or  persons  shall  each  be  liable  for  every  such 
offence,  to  treble  the  damages  sustained  thereby,  to  be  re- 
covered in  action  of  debt  in  any  court  having  jurisdiction  of 
the  amount. 

Repealed     SEC.  13.  Whenever  it  shall  become  necessary  in  the  loca- 

is5i?        '  tion  or  construction  of  said  road  to  pass  through  the  land  of 

any  individual,  it  shall  be  the  duty  of  said  company  to  pro- 


LAWS   OF   WISCONSIN.  51 

vide  for  said  individual  proper  wagon  ways ;  it  shall  be  liable 
to  such  individual  in  treble  the  amount  of  damages  occa- 
sioned by  sucli  neglect. 

"N.  E.  WHITESIDE, 

Speaker  of  the  Assembly. 
J.  E.  HOLMES, 

Lieutenant  Governor  and  President  of  the  Senate. 
Approved  August  19,  1848. 

NELSON  DEWEY. 


ACT 

TO  AMEND  AN  ACT  ENTITLED  "  AN  ACT  TO  INCORPORATE  TIIE  MADI- 
SON    AND 
19,  1848. 


SON     AND    BELOIT    EAIL-KOAD    COMPANY,"    APPROVED    AUGUST 


The  people  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly r,  do  enact  as  follows: 

SEC.  1.  The  said  company  shall  have  power  to  change  the 
location  of  the  said  rail-road,  and  to  terminate  the  same  at 
any  point  that  to  them  shall  seem  expedient,  on  the  south 
line  of  the  state  of  Wisconsin,  and  at  such  termination  as 
may  unite  wjth  any  other  rail-road. 

SEC.  2.  The  said  company  shall  have  the  right  to  extend 
said  road  to  any  point  on  the  "Wisconsin  river  that  to  them 
shall  seem  proper. 

SEC.  3.  The  said  company  shall  have  power  to  increase 
their  capital  stock  to  six  hundred  thousand  dollars. 

MOSES  M.  STRONG, 

Speaker  of  the  Assembly. 
SAMUEL  "W.  BEALL, 

Lieut.  Governor  and  President  of  the  Senate. 
Approved  February  4,  1850. 

NELSON  DEWEY. 


52  LAWS   OF   WISCONSIN. 

At  a  meeting  of  the  directors  of  the  Madison  and  Beloit 
Rail-Road  Company,  held  at  the  office  of  Smith,  Parker  & 
Jordan,  in  Janesville,  on  the  14th  day  of  February,  1850 — 
present,  A.  Hyatt  Smith,  Timothy  Jackman,  Wm.  F.  Tomp- 
luns,  Ira  Miltimore,  G.  F.  A.  Atherton,  Charles  Stevens  and 
Wm.  A.  Lawrence — the  following  act  was  read,  to  wit : 

AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  "  AN   ACT  TO  INCORPORATE  THE  MADI- 
SON  AND   BELOIT   RAIL-ROAD   COMPANY." 

The  people  of  the /State  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

SEC.  1.  The  said  company  may  extend  their  road  from 
Janesville  to  Lake  "VYinnebago,  by  way  of  Fort  Atkinson, 
Jefferson  and  Watertown. 

SEC.  2.  For  the  purpose  of  such  extension,  the  said  com- 
pany may  add  ten  thousand  shares,  of  one  hundred  dollars 
each,  to  its  capital  stock. 

SEC.  3.  This  act  shall  take  effect  so  soon  as  said  company, 
by  resolution  adopted  at  a  meeting  of  its  board  of  directors, 
shall  assent  thereto,  and  from  and  after  such  time  such  com- 
pany shall  be  known  as  the  "  Rock  River  Valley  Union 
Rail-Road  Company." 

SEC.  4.  The  said  company,  whenever  it  shall  deem  the 
same  expedient,  may  divide  any  portion  of  the  capital  stock 
of  the  company  into  shares  of  twenty  five  dollars  each  ;  and 
every  member  of  said  company  shall  be  entitled  to  one 
vote  therein  for  every  twenty-five  dollars  of  stock  which  he 
may  own. 

MOSES  M.  STRONG, 

Speaker  of  the  Assembly. 

SAMUEL  "W.  BEALL, 
Lieut.  Governor  and  President  of  the  Senate. 

Approved  February  9,  1850. 

NELSON  DEWEY. 


LAWS   OF  WISCONSIN.  53 

"Whereupon,  on  motion  of  Win.  A.  Lawrence,  the  follow- 
ing resolutions  were  unanimously  adopted,  to  wit : 

Resolved,  That  the  act  of  the  legislature  of  the  state  of 
Wisconsin,  entitled  an  act  to  amend  an  act  entitled  an  act  to 
incorporate  the  Madison  and  Beloit  Rail-Road  Company,  ap- 
proved February  9, 1850,  be,  and  the  same  is  hereby  assented 
to ;  and  that  the  name  of  the  Madison  and  Beloit  Rail-Road 
Company  be,  and  the  same  is  hereby  changed  to  the  Rock 
River  Valley  Union  Rail-Road  Company. 

Resolved,  That  ten  thousand  shares,  of  one  hundred  dol- 
lars each,  be  and  the  same  are  hereby  added  to  the  capital 
stock  of  said  company,  for  the  purpose  of  extending  said 
road  to  Lake  Winnebago. 

Resolved,  That  the  books  for  subscription  to  said  stock  be 
opened. 

Adjourned,  sine  die. 

A.  HYATT  SMITH,  President. 

WM.  A.  LAWRENCE,  Secretary. 


AN  ACT 

TO    AMEND    THE    CHAKTEK    OF    THE    KOCK    KIVEB    VALLEY    UNION 
KAIL-KOAD   COMPANY. 

The  People  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

SEC.  1.  That  said  company  shall  have  power  and  authority 
to  extend  the  Rock  River  branch  of  the  road  to  Lake 
Superior. 

SEC.  2.  Said  company  may,  in  its  discretion,  increase  its 
capital  stock  three  millions  of  dollars. 

SEC.  3.  Said  company  shall  have  power  to  increase  its 
number  of  directors  to  any  number  not  exceeding  fifteen. 

SEC.  4.  The  said  company  shall  have  the  right  to  enter 
upon  any  lands,  to  survey  and  lay  down  said  road,  not  ex- 


LAWS   OF  WISCONSIN. 

ceeding  one  hundred  and  thirty  feet  in  width,  and  also  to 
enter  upon  any  lands  adjoining  said  road,  and  obtain  there- 
from sand,  gravel,  stone  and  other  materials,  as  may  be 
necessary  for  th,e  construction  of  said  road ;  and  whenever 
any  lands  or  materials  shall  be  required  for  the  construction 
of  said  road,  and  the  same  shall  not  be  given  or  granted  to 
said  company,  the  compensation  to  be  paid  therefor  by  said 
company  shall  be  ascertained  in  the  manner  following,  to 
wit :  said  company  shall  apply  to  the  judge  of  the  circuit 
court  of  the  first  circuit  for  the  appointment  of  three  com- 
missioners, whose  duty  it  shall  be,  at  the  earliest  practicable 
time  after  their  appointment,  to  proceed  to  examine  and  as- 
sess the  damages  which  may  be  sustained  by  the  several 
owners  or  claimants  of  the  lands  through  which  the  road  of 
said  company  is  located ;  and  the  said  commissioners,  in 
assessing  said  damages,  shall  deduct  therefrom  the  benefit 
which  said  lands  receive  by  the  construction  of  said  road. 
It  shall  be  the  duty  of  the  said  company  to  give  thirty  days' 
notice  of  their  application  for  the  appointment  of  said  com- 
missioners, in  one  or  more  newspapers  published  in  each  of 
the  counties  through  which  said  road  is  laid  out;  and  in 
case  no  newspaper  is  published  in  any  one  of  said  counties, 
then  by  posting  up  such  notice  on  the  door  of  the  court  house 
in  said  county,  thirty  days  before  the  time  of  making  such 
application  ;  and  it  shall  be  the  duty  of  said  commissioners 
to  cause  ten  days'  notice  of  their  meeting,  to  appraise  the 
damage  to  any  lands  through  which  said  road  may  run,  to 
be  given  to  the  owner  or  claimant  thereof;  and  in  case  said 
owner  or  claimant  shall  be  a  minor,  insane  person  or  married 
woman,  then  such  notice  shall  be  given  to  the  guardian, 
committee  or  husband  of  such  minor,  insane  person  or  mar- 
ried woman.  Either  party  feeling  himself  aggrieved  by  the 
decision  of  said  commissioners,  may  appeal  to  the  circuit 
court  of  the  county  in  which  said  land  may  be  situated,  and 
said  appeal  shall  be  tried  in  the  same  manner  as  any  suit 
commenced  therein :  Provided,  That  said  company  shall 
not  in  any  manner  be  delayed  in  the  construction  of  their 
road  by  any  such  appeal,  but  may  proceed  immediately  with 
such  construction,  on  paying  into  the  office  of  the  clerk  of 


LAWS   OF  WISCONSIN.  55 

said  court  the  amount  of  moneys  awarded  to  the  owner  or 
owners  of  said  lands,  'and  filing  a  bond  with  said  clerk  to 
said  owner  or  owners,  binding  said  company  to  pay  such 
further  sum  as  may  be  finally  awarded  against  said  com- 
pany. The  notice  to  be  given  by  the  commissioners  to  the 
owners  of  lands  required  for  the  rail-road  shall  be  in  writing, 
and  delivered  to  said  owner  or  owners,  or  left  at  their  usual 
place  of  residence,  if  residents  of  this  state,  or  if  non-resi- 
dents, then  said  notice  to  be  given  in  a  newspaper  published 
in  the  county  in  which  said  land  is  situated,  at  least  four 
weeks  before  making  such  appraisement. 

SEC.  5.  Said  company  is  authorized  and  empowered  to 
connect  its  road  with  the  road  of  any  rail-road  company  or 
companies  in  the  state  of  Illinois,  or  to  become  part  owner 
or  lessee  of  any  rail-road  in  said  state,  and  any  rail-road  com- 
pany in  said  state  of  Illinois,  duly  organized  under  the  laws 
of  said  state  of  Illinois,  may  connect  its  road  [with]  the  road 
of  said  company,  and  may,  in  like  manner,  with  consent  of 
said  company,  become  part  owner  or  lessee  of  the  road  of 
said  company,  or  of  any  of  its  branches,  or  any  portion  thereof, 
situated  in  this  state. 

SEC.  6.  Said  company  is  hereby  authorized  to  borrow 
money  to  be  expended  in  the  construction  and  equipment  of 
their  said  road  and  its  appendages,  and  to  issue  bonds  for  the 
payment  [thereof]  in  the  usual  form,  said  bonds  not  to  exceed 
in  the  aggregate,  at  the  period  of  the  completion  of  said  road, 
three-fourths  of  the  whole  amount  actually  expended  on  said 
road  and  its  appendages  as  aforesaid  ;  and  may  make  and 
execute,  in  the  corporate  name  of  said  company,  all  necessary 
writings,  notes,  bonds  or  other  papers  for  any  liability]  that 
it  may  incur  in  the  construction  or  equipment  of  said  road. 

SEC.  7.  The  said  company  is  hereby  authorized  and  em- 
powered to  construct  their  said  rail-road  and  its  branches  in 
sections,  as  fast  as  they  may  obtain  the  means  for  so  doing, 
and  the  franchise  of  the  portions  so  completed ,  and  pijt^  in 
operation  shall  vest  in  said  company  the  same  as  though, the 
whole  were  completed.  -->•-•... 

SEC.  9.  Section  2  of  the  act  to  incorporate  ;sc;i<l  -pdnipa-iiy 
under  the  name  of  the  Madison  and  Beloit  Rail-Hoad  Com- 


56  LAWS  OF   WISCONSIN. 

pany,  approved  August  19,  1848,  is  hereby  amended  by 
striking  from  said  section  the  words  "for  each  mile  sepa- 
rately." 

SEC.  10.  Sections  8,  10,  11  and  13  of  the  act  incorporating 
said  company,  entitled  "  An  act  to  incorporate  the  Madison 
and  Beloit  Rail-Road  Company,"  approved  August  19, 1848, 
are  hereby  repealed. 

FEEDEKICK  "VV.  HOKN, 

Speaker  of  the  Assembly. 

SAMUEL  "W.  BEALL, 

President  of  the  Senate. 
Approved  March  11, 1851. 


OFFICE  OF  THE  BOCK  RIVER  YALLEY  UNION  R.  R.  Co. ) 
Janesville,  March  19,  1851.  ) 

At  a  meeting  of  the  board  of  directors  of  said  company 
this  day — present,  Messrs.  Macy,  Smith,  Atherton,  Jackman 
and  Lawrence,  directors — the  following  resolution  was  unani- 
mously adopted,  to  wit : 

Resolved,  That  the  act  of  the  legislature  of  the  state  of 
Wisconsin,  entitled  "  An  act  to  amend  the  charter  of  the 
Rock  River  Yalley  Union  -Rail-Road  Company,"  approved 
March  11,  1851,  be,  and  the  same  is  hereby  accepted  and 
approved  by  this  company. 

A.  HYATT  SMITH,  President. 

WM.  A.  LAWRENCE,  Secretary. 


LAWS   OF  WISCONSIN.  57 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  "  AN  ACT  TO  AMEND  THE  CHARTER 
OF  THE  ROCK  RIVER  VALLEY  UNION  RAIL-ROAD  COMPANY," 
APPROVED  MARCH  11,  1851,  AND  TO  AUTHORIZE  SAID  COM- 
PANY TO  EXTEND  THEIR  ROAD. 

The  people  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

SEC.  1.  The  said  company  shall  have  the  right  to  enter 
upon  any  lands,  to  survey  and  lay  down  their  road,  of  the 
width  provided  in  the  act  to  which  this  [is]  amendatory,  and 
also  to  enter  upon  any  lands  adjoining  said  road,  and  obtain 
therefrom  earth,  gravel,  stone  and  other  materials,  necessary 
for  the  construction  of  said  road;  and  whenever  any  land 
or  materials  shall  be  required  for  the  construction  of  said 
road,  and  the  same  shall  not  be  given  or  granted  to  the  said 
company,  the  compensation  to  be  paid  therefor  shall  be 
ascertained  as  follows  :  the  commissioners,  George  H.  Willis- 
ton,  Charles  Billinghurst  and  Orrin  Densmore,  heretofore 
appointed  by  the  judge  of  the  circuit  court  of  the  first  circuit, 
and  their  successors,  shall  proceed,  at  the  request  of  the  said 
company,  to  assess  the  damages  which  may  be  sustained  by 
the  several  owners  or  claimants  of  the  lands  through  which 
the  road  of  the  said  company  is  located,  and  shall  give  or 
cause  to  be  given  to  the  owner  or  occupant  claiming  dam- 
ages, four  days'  notice  of  their  meeting  to  appraise  and  as- 
sess the  damages  for  taking  of  lands  through  which  the  said 
road  may  run,  to  the  person  or  persons  entifled  to  the  same. 

SEC.  2.  The  said  company,  before  opening  their  road 
through  inclosed  ground,  shall  erect  such  fencing  as  shall 
preserve  such  inclosure  entire,  and  shall,  before  they  com- 
mence to  use  their  road  as  a  rail-road,  erect  a  good  and  suffi- 
cient fence  on  both  sides  of  the  said  road,  through  all  such 
inclosed  ground,  and  shall  maintain  the  same. 


58  LAWS   OF   WISCONSIN. 

SEC.  3.  The  notice  mentioned  in  the  first  section  of  this 
act  may  be  served  upon  the  owner  or  occupant  of  the  land, 
by  delivering  a  copy  to  him,  or  leaving  the  same  at  the 
dwelling-house  or  place  of  business  of  the  said  owner  or  oc- 
cupant, with  some  person  of  suitable  age  and  discretion. 

SEC.  4.  In  case  that  the  owner  shall  be  a  minor,  insane 
person  or  married  woman,  then  it  shall  be  sufficient  to 
serve  the  said  notice  on  the  guardian  of  said  minor,  com- 
mittee of  said  insane  person,  said  married  woman  and  her 
husband. 

SEC.  5.  If  there  shall  be  incumbrances  upon  the  land  taken 
for  the  said  road,  it  shall  be  sufficient  for  the  said  company 
to  deposit  the  amount  of  the  award  with  the  clerk  of  the 
court  of  the  county  where  the  land  lies,  and  the  written  re- 
ceipt of  the  said  clerk,  upon  the  duplicate  award  in  the  pos- 
session of  the  company,  shall  be  legal  evidence  of  the  pay- 
ment of  the  said  award. 

SEC.  6.  The  said  clerk  shall  pay  over  to  the  said  owner  the 
said  amount  so  deposited,  upon  the  said  owner  producing  to 
him  the  certificates  of  the  register  of  deeds,  and  the  clerk  of 
the  board  of  supervisors  and  clerk  of  the  court  of  the  county 
where  the  land  lies,  that  the  title  to  the  said  land  is  in  the 
said  claimant  or  owner,  and  that  there  are  no  incumbrances 
upon  the  same. 

SEC.  7.  It  shall  be  the  duty  of  the  said  commissioners  to 
make  out  duplicate  statements  of  their  award,  and  deliver, 
or  cause  to  be  delivered,  one  to  the  owner  or  occupant,  the 
other  to  the  said  company,  and  shall  acknowledge  the  said 
statements,  and  deliver  the  same  to  said  company,  which 
said  statement  shall  be  recorded  in  the  office  of  the  register 
of  deeds  of  the  county  in  which  the  land  lies. 

SEC.  8.  The  recording  of  the  said  statement  of  award,  and 
the  payment  or  tender  of  the  amount  thereof  to  the  owner,  and 
in  case  of  incumbrances,  the  deposit  with  the  clerk,  as  pro- 
vided in  the  sixth  section,  shall  vest  in  the  said  company, 
the  easement  of  the  said  land  so  taken  for  the  construction 
of  the  said  road  ;  and  the  said  company  shall  have  the  ex- 
clusive right  to  the  perpetual  use  of  the  same  for  the  purpose 


LAWS  OF  WISCONSIN.  59 

of  erecting,  maintaining,  running  and  using  the  said  road 
for  all  the  purposes  of  a  rail-road. 

SEC.  9.  When  an  assessment  shall  have  been  made  to  a 
minor  or  insane  person,  it  shall  be  sufficient  for  the  said  com- 
pany to  pay  the  amount  of  the  said  award  into  the  probate 
court,  by  said  court  to  be  disposed  of  according  to  law. 

SEC.  10.  If  there  shall  be  no  occupant  upon  the  land 
through  which  the  said  road  is  located,  and  in  case  the  owner 
does  not  reside  in  the  county  where  the  land  lies,  then  it  shall 
be  sufficient  for  the  said  commissioners  to  give  four  weeks' 
notice  of  their  meeting  to  assess  the  said  damages,  in  a  news- 
paper published  in  said  county,  and  in  case  there  is  no  news- 
paper published  in  said  county,  then  in  a  newspaper  at  the 
seat  of  government. 

SEC.  11.  In  case  any  or  all  of  the  said  commissioners  shall 
at  any  time  die,  resign,  or  for  any  other  cause  fail  to  exe- 
cute the  duties  required  of  them,  it  shall  be  the  duty  of  any 
judge  of  the  supreme  court  of  this  state  to  appoint  other  per- 
sons as  commissioners  to  perform  the  said  duties :  Provided, 
That  the  judge  appointing  such  commissioners  shall  have  no 
stock  in  said  company,  nor  be  in  any  manner  interested  in 
the  same,  and  that  the  said  commissioners  shall  hold  no  stock 
in  the  said  company,  nor  be  in  any  wise  interested  in  the 
same. 

SEC.  12.  Said  company  shall  apply  to  any  of  the  said 
judges  for  the  supplying  of  the  said  vacancies  in  the  said  com- 
mission, and  shall  give  four  weeks'  notice  of  their  application, 
in  one  or  more  newspapers  in  each  of  the  counties  through 
which  the  said  road  is  located,  and  in  case  no  newspaper  is 
published  in  any  of  the  said  counties,  the  said  notice  shall  be 
published  in  one  of  the  newspapers  at  the  seat  of  govern- 
ment. 

SEC.  13.  In  any  suit  in  any  court  in  this  state,  either  in  law 
or  equity,  in  which  the  said  appointment  of  the  said  com- 
missioners, George  H.  Williston,  Charles  Billinghurst  and 
Orrin  Densmore,  or  their  successors,  shall  come  in  question, 
the  written  order  or  certificate  of  the  judge  of  the  circuit 
court  of  the  first  circuit,  or  of  any  other  judge  of  the  supreme 
court  of  this  state,  shall  be prima  facie  evidence  that  the 


60  LAWS  OF  WISCONSIN. 

requisite  notice  has  been  given,  and  that  the  said  appoint- 
ment is  in  all  respects  legal  and  regular. 

SEC.  14.  After  any  assessment  has  been  made,  and  the 
written  statement  of  the  award  delivered  by  the  commis- 
sioners, either  party  feeling  himself  aggrieved,  may  appeal 
to  the  circuit  court  of  the  county  where  the  land  lies,  within 
twenty  days  after  the  delivery  of  the  said  statement. 

SEC.  15.  In  case  either  party  shall  appeal  from  the  award 
of  the  said  commissioners,  the  said  company  shall,  within 
ten  days  after  notice  of  the  appeal,  to  be  served  according  to 
the  rules  and  practice  of  the  courts,  cause  to  be  executed  a 
bond,  signed  on  behalf  of  the  company  by  an  authorized 
agent  or  attorney  of  said  company,  and  also  by  one  or  more 
persons  as  sureties,  who  shall  justify  their  responsibility  on 
oath,  before  some  officer  authorized  to  administer  oaths,  in 
three  times  the  amount  of  the  said  award. 

SEC.  16.  The  condition  of  the  said  bond  shall  be,  to  pay 
any  sum  that  may  be  found  on  the  trial  of  the  said  appeal 
in  favor  of  the  said  claimant,  together  with  the  costs  of  said 
appeal. 

SEC.  IT.  In  case  of  appeals  by  a  claimant,  if  the  judgment 
shall  be  for  a  less  sum  than  the  said  award,  the  said  com- 
pany shall  be  entitled  to  receive  the  surplus  in  the  hands  of 
the  said  clerk,  and  if  the  said  appellant  shall  not  recover 
more  than  five  dollars  on  the  trial  of  the  said  appeal  against 
the  said  company,  the  said  company  shall  recover  full  costs 
against  said  appellant. 

SEC.  18.  If  the  said  company  shall  comply  with  the  re- 
quisitions in  case  of  appeal,  and  shall  have  recorded  the  du- 
plicate statement  of  award,  the  land  taken  for  the  construc- 
tion of  the  said  road  shall  vest  in  the  said  company,  as  pro- 
vided by  this  act. 

SEC.  19.  On  the  trial  of  any  appeal  case,  from  the  award 
of  the  said  commissioners,  or  hereafter  to  be  made,  the  jury 
or  the  court,  as  the  case  may  be,  shall,  in  assessing  the 
damages,  be  governed  by  the  provisions  of  the  act  relating  to 
benefits,  and  shall  in  all  cases  exclude  from  their  considera- 
tion the  fencing  of  the  road  through  the  land  taken  for  the 
construction  of  the  said  road,  where  said  road  runs  through 
inclosed  grounds. 


LAWS   OF   WISCONSIN. 


61 


SEC.  20.  No  injunction  shall  be  allowed  to  issue  against 
the  said  company  without  the  complainant  shall  give  ten 
days'  notice  of  the  application  of  the  same. 

SEC.  21.  The  circuit  courts  in  and  for  the  counties  through 
which  said  road  is  located,  shall  have  full  power  to  make 
such  rules  as  they  shall  see  fit,  touching  appeals  taken  under 
the  provisions  of  this  act. 

SEC.  22.  Said  company  shall  have  power  to  extend  their 
road  from  its  point  of  intersection  on  the  Wisconsin  river  to 
the  village  of  La  Crosse,  in  the  county  of  La  Crosse,  and  from 
thence  to  Willow  river  and  St.  Croix  Falls,  in  the  county  of 
St.  Croix  :  Provided,  That  any  other  road  may  intersect  with 
and  enter  upon  said  road,  and  run  trains  of  cars  and  trans- 
port passengers  and  merchandise,  and  all  other  property  of 
any  and  all  kinds  whatsoever,  upon  such  terms  as  may  be 
agreed  upon  by  the  companies  making  the  connection,  or  by 
three  commissioners,  to  be  appointed  by  the  supreme  court 
upon  application  of  either  party,  and  upon  such  notice  as 
said  court  may  direct. 

SEC.  23.  The  said  company  shall  commence  the  construc- 
tion of  the  said  extension  from  the  Wisconsin  river  to  La 
Crosse  within  two  years,  and  shall  complete  the  same  within 
ten  years  from  the  passage  of  this  act,  or  shall  forfeit  the 
right  to  make  such  extension. 

SEC.  24.  Said  company  shall  have  power  and  authority,  in 
their  discretion,  to  increase  its  capital  stock  three  millions  of 
dollars. 

SEC.  25.  This  act  shall  take  effect  so  soon  as  the  board  of 
directors,  by  a  resolution,  shall  assent  to  the  same,  a  copy  of 
which  resolution,  certified  under  the  seal  of  the  said  company, 
shall  be  deposited  with  the  secretary  of  state. 

J.  McM.  SHAFTEK, 
Speaker  of  the  Assembly. 

E.  B.  DEAN,  JR., 
President,  pro  tern.,  of  the  Senate. 

Approved  April  1,  1852. 

LEONARD  J.  FARWELL. 

[Published  April  7,  1852.] 


62  LAWS   OF  WISCONSIN. 

OFFICE  OF  THE  ROCK  RIVIR  VALLEY  UNION  RAIL-ROAD  Co. 

New-  York,  May  6,  1852. 

At  a  meeting  of  the  board  of  directors  of  this  company, 
held  this  day,  at  their  office  in  New- York — present,  Messrs.  A. 
Hyatt  Smith,  president,  John  B.  Macy,  Win.  A.  Lawrence, 
William  Ward  and  Joseph  B.  Doe,  a  quorum  of  said  board — 
the  following  resolution  was  adopted,  to  wit : 

.Resolved,  That  the  act  of  the  legislature  of  the  state  of 
Wisconsin,  entitled  "  An  act  to  amend  an  act  entitled  '  an 
act  to  amend  the  charter  of  the  Rock  River  Valley  Union 
Rail-Road  Company,  approved  March  11,  1852,'  and  to  au- 
thorize said  company  to  extend  their  road,"  which  said  act 
wras  approved  April  1st,  1852,  be,  and  the  same  is  hereby 
accepted,  assented  to  and  approved  of  by  this  company,  and 
the  secretary  is  hereby  directed  to  transmit  and  deposit 
with  the  secretary  of  state  of  the  state  of  Wisconsin  a  copy 
of  this  resolution,  sealed  with  the  seal  of  this  corporation,  and 
signed  by  the  president  and  secretary  of  this  company.  [L.  s.] 

We,  "the  president  and  secretary  of  the  R.  R.  V.  U.  R.  R. 
Co.,  do  hereby  certify  that  the  foregoing  is  a  true  copy  of  the 
original  resolution  adopted  by  the  board  of  directors  of  said 
company,  May  6th,  1852. 

A.  HYATT  SMITH,  President. 

WM.  A.  LAWRENCE,  Secretary. 

STATE   OF   WISCONSIN,  } 
Secretary^  Office,      \     ' 

Filed  May  14th,  1852.  J.  W.  HUNT, 

Deputy  Secretary  of  State. 

STATE  OF  WISCONSIN,  ) 
Secretary's  Office,      ] 

I,  Charles  D.  Robinson,  secretary  of  state  of  said  state, 
hereby  certify,  that  I  have  compared  the  law  published  in 


LAWS    OF   WISCONSIN. 


63 


this  book  with  the  origiiial  acts  deposited  in  this  office,  and 
that  the  same  appear  to  be  correctly  printed. 

Witness  my  hand  and  the  great  seal  of  the  state,  at 
[L.  s.]  the  capitol  in  Madison,  this  twenty-fifth  day  of 

June,  A.  D.  1852. 

CHAS.  D.  ROBINSON^ 

Secretary  of  State. 

By  JOHN  W.  HUNT,  Deputy. 


AN  ACT 

TO  AUTHORIZE  RAIL-ROAD  COMPANIES  IN  THIS  STATE  TO  CONSTRUCT 
ACROSS   HIGHWAYS,   STREETS   AND   WATER-COURSES. 

The  people  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

SEC.  1.  Any  rail-road  company  constructing  a  rail-road  in  where  com- 
this  state,  shall  have  powder,  and  they  are  hereby  authorized  £™jtruct 
to  erect  and  construct  their  road  or  roads  across,  along  or 
upon  any  stream  of  water,  water-course,  road,  highway, 
street  or  canal,  which  the  rail-road  of  any  company,  being 
constructed  or  to  be  constructed  in  this  state,  may  touch  or 
interest,  [intersect,]  but  in  every  instance  the  said  stream  of 
water,  water-course,  road,  highway,  street  or  canal,  which 
shall  be  so  touched  or  intersected  as  aforesaid,  shall  be  finally 
restored  to  its  former  usefulness.  And  whenever  the  track 
of  any  rail-road  shall  touch,  intersec-t  or  cross  any  road,  high- 
way or  street,  such  road,  highway  or  street  may  be  carried 
over  or  under  the  said  rail-road,  as  may  be  found  most  ex- 
pedient for  the  public  good.  And  in  case  any  embankment 
or  cut,  in  the  construction  of  any  rail-road,  shall  make  it 
necessary  to  change  the  course  and  direction  of  any  highway, 
road  or  street,  it  shall  be  lawrful  for  any  company  construct- 
ing its  road,  to  so  change  the  course  or  direction  of  such  road, 
highway  or  street:  Provided^  That  the  distance  of  any  road,  proviso. 


64  LAWS   OF  WISCONSIN. 

highway  or  street,  shall  not  be  lengthened  more  than  five 
rods,  nor  changed  from  its  original  course  more  than  six  rods, 
by  such  change  of  course  or  direction. 
Dimensions     SEC.  2.  Whenever  it  shall  be  necessary,  by  means  of  an  em- 

of    passage- 1  ,  ., 

way.  bankment,  in  the  construction  of  any  rail-road  in  this  state,  it 
shall  be  necessary  to  erect  a  bridge  or  arched  culvert  over 
any  highway,  road  or  street,  it  shall  be  lawful  for  any  rail- 
road company  to  construct  the  same,  so  as  to  give  a  clear 
passage-way  along  the  said  highway,  road  or  street  so  bridged 
or  arched,  of  twenty  feet. 

SEC.  3.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved  March  17,  1853. 


AN  ACT 


CONCERNING  RAIL-KOAD  COMPANIES.     PUBLISHED,  APRIL  22,  1854. 

The  people  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly^  do  enact  as  follows  : 

Directors     SEC.  1.  The  directors  of  every  rail-road  company  organized, 

of    rail-road  .-11  i       •   ,      • 

company  au- or  which  may  be  organized  under  any  legislative  enactment 

thorized      to     .  ,1,1  T     ,  i 

increase  their  of  this  state,  shall  have  power,  and  they  are  hereby  author- 
capital  stock. .  . r  '  J.  .  * 

ized  to  increase  the  capital  stock  of  their  respective  compa- 
nies to  an  amount  equal  to,  and  not  exceeding  the  entire  cost 
of  the  road  of  such  company,  including  the  stocking  and 
equipment  thereof.  And  it  shall  not  be  necessary  to  make 
such  increase  at  one  time,  but  the  same  may  be  done  by 
resolution,  at  different  times,  as  need  or  occasion  may 
require. 

NO  judge  SEC.  2.  No  judge  of  any  circuit  or  county  court,  before 
inecf froTsIt-  whom  any  suit  or  matter  shall  be  pending,  in  which  any 
whfchSUcom°  rail-road  company  is  a  party,  shall  be  disqualified  from  sit- 

panyisapar-    .  .      ,  .  <?  i  • 

ty,  because  he  ting  as  a  judge  in  such   suit  or  matter,  or   from   hearing, 

is    a     stock-  '    .       .  ,.  .  .,         ,  ,  ,     .      , 

holder.        trying  and  deciding  the  same,  for  the  reason  that  such  judge 
is  a  stockholder  in  such  rail-road  company. 


LAWS  OF   WISCONSIN.  65 

SEC.  3.  This  act  shall  be  printed  by  the  state  printer  im- 
mediately upon  the  passage  thereof,  and  when  so  published, 
shall  take  effect  and  be  in  full  force. 

Approved  April  1,  1854. 


AN  ACT 

TAXING  KAIL-KOADS  AND  PLANK  KOADS.    PUBLISHED  APKIL  10, 1854. 

The  People  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

SEC.  1.  That  the  several  rail-road  companies  and  plank 

j  .  •       i  i  n  .        i    .      companies  to 

road  companies  now  organized  or  hereafter  organized  in  make  annual 

, ,  .  j  ,          ,   .          .     -  .  TI.  statement   of 

tins  state,  and  completed  in  whole  or  m  part,  and  being  op- gross  receipts 
erated  or  used,  shall,  on  or  before  the  tenth  day  of  January 
in  each  year,  make  out  and  return,  or  cause  to  be  made  out 
and  returned  to  the  treasurer  of  this  state,  a  true  and  just 
statement  of  the  gross  earnings  of  their  respective  roads  for 
the  preceding  year,  up  to  the  first  day  of  January  ;  which 
statement  shall  be  verified  by  the  affidavit  of  the  secretary 
and  treasurer  of  each  respective  company. 

SEC.  2.  It  shall  be  the  duty  of  the  said  rail-road  companies  Shan  pay 
and  plank  road  companies,  to  pay  or  cause  to  be  paid  to  the 
treasurer  of  the  state,  for  the  use  of  the  state,  on  or  before 
the  tenth  day  of  January  in  each  year,  a  sum  equal  to  one 
per  centum  of  the  gross  earnings  of  their  respective  roads  so 
returned,  which  amount  of  tax  shall  take  the  place  and  be 
in  full  of  all  of  the  taxes  of  every  name  and  kind  upon  said 
roads,  or  other  property  belonging  to  said  companies,  or  the 
stock  held  by  individuals  therein,  and  it  shall  not  be  lawful 
to  levy  or  assess  thereupon  any  other  or  further  assessment  where  raii- 

f  V  ,  ,  MI          road  lies  only 

or  tax,  lor  any  purpose  whatsoever  ;  but  when  a  rail-road  or  partly  in  this 
plank  road  lies  partly  within  this  state  and  partly  in  another 
state  or  territory,  the  company  shall  pay  such  proportion  of 
one  per  centum  upon  the  gross  earnings  of  the  whole  road  so 
returned,  as  the  length  of  that  portion  of  the  road  within  this 
state  bears  to  the  whole  length  of  said  road. 

5 


66  LAWS  OF   WISCONSIN. 

Forfeit...  cs     SEC.  3.  If  any  rail-road  company  or  its  officers  shall  fail  to 

companies*  comply  with  the  requirements  of  this  act,  such  company  shall 

provfsfons  offorfeit  to  the  treasurer  of  this  state,  for  the  use  of  the  state, 

the  sum  of  ten  thousand  dollars,  for  each  case  of  neglect,  to 

be  recovered  in  the  name  of  the  state  treasurer  by  action  of 

debt  on  this  statute. 

•where  SEC.  5.  If  any  rail-road  or  plank  road  company  shall  fail 
faT?onmake  to  make  the  return  required  by  this  act,  the  treasurer  of  the 
treasurer8  EIO  state  shall  ascertain,  as  near  as  may  be,  the  gross  earnings  of 

assess  the  one          i       i    T  .1  ,  i  •  j 

percent.  such  delinquent  company,  and  assess  thereupon  the  said 
one  per  centum,  and  shall  seize  and  lay  upon  the  whole  or 
any  part  of  the  property,  rights  and  franchises  of  said  com- 
pany, and  after  giving  ten  days'  public  notice  of  the  time 
and  place  of  sale,  shall  proceed  to  sell  at  public  auction  the 
same,  to  satisfy  the  amount  thereof,  together  with  all  costs 
and  disbursements  (to  be  taxed  by  the  attorney-general  of 
the  state)  incurred  in  making  such  assessments  and  sale 
Proviso,  thereof.  Provided,  however,  That  nothing  herein  contained 
shall  be  so  construed  as  to  defeat  the  right  of  the  treasurer  in 
behalf  of  the  state,  to  sue  for  and  recover  the  penalties  pre- 
scribed in  sections  three  and  four  of  this  act. 
Approved  April  1,  1854:. 


AN  ACT 

TO   AUTHORIZE     THE     RAIL-ROAD     COMPANIES   THEREIN   NAMED   TO 
CONSOLIDATE   THEIR   CAPITAL   STOCK. 

The  people  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

SEC.  1.  The  Illinois  and  Wisconsin  Rail-Road  Company,  in 
the  state  of  Illinois,  and  the  Rock  River  Yalley  Union  Rail- 
Road  Company,  in  this  state,  are  hereby  authorized  and 
empowered  to  consolidate  the  capital  stock  of  the  two  com- 
panies under  the  direction  of  one  board  of  directors,  of  not 
more  than  fifteen  and  not  less  than  seven. 


LAWS    OF  WISCONSIN.  67 

SEC.  2.  The  two  companies,  when  consolidated  and  placed 
under  the  direction  of  one  board  of  directors,  may  select, 
choose  and  nominate  for  itself  any  name  that  a  majority  of 
the  directors  may  deem  fit,  and  may  adopt  a  common  seal, 
and  alter  the  same  at  will ;  and  after  the  said  companies 
have  consolidated,  selected  and  chosen  a  name  as  aforesaid, 
it  shall  deposit  with  the  secretary  of  state  of  this  state  a 
certificate,  signed  by  the  president  and  secretary  of  the  com- 
pany so  consolidated  as  aforesaid  ;  and  the  said  company 
shall  be  known  by  the  name  so  selected,  chosen  and  certified, 
and  under  such  name  may  contract  and  be  contracted  with, 
sue  and  be  sued,  plead  and  be  impleaded,  and  shall  have  all 
the  rights,  privileges  and  franchises  conferred  on  the  said 
companies  by  the  laws  of  the  states  of  Illinois  and  Wiscon- 
sin respectively,  the  same,  and  not  otherwise,  as  though  the 
said  consolidation  had  not  taken  place,  and  the  right  of  way 
may  be  taken  in  the  same  manner  in  all  respects  as  though 
the  said  companies  had  not  consolidated. 

SEC.  3.  The  board  of  directors  of  the  two  companies  re- 
spectively are  authorized  to  complete  the  said  consolidation 
by  contract,  and  for  that  purpose  may  meet  at  any  place  in 
this  state,  or  the  state  of  Illinois,  and  shall  file  a  copy  of  the 
articles  of  consolidation  with  the  secretary  of  state  of  this 
state  and  the  state  of  Illinois  ;  and  in  the  event  of  the  sale 
of  the  railway,  depot,  grounds,  franchises  and  property  of 
the  Rock  River  Yalley  Union  Rail-Road  Company,  under 
any  mortgage  now  in  existence,  and  being  an  incumbrance 
thereon,  the  same  right,  franchises  and  immunities  shall  ac- 
crue, inure  and  pass  to  the  purchasers  and  their  associates 
under  said  sale  that  are  granted  to  the  said  company  by  the 
laws  of  this  state,  and  the  same  consolidation  may  be  made 
as  well  after  said  sale  as  before  ;  and  the  present  board  of  di- 
rectors of  the  said  company,  with  the  consent  of  the  said 
purchasers,  may  remain  and  direct  the  affairs,  and  control 
the  property  of  the  said  company  after  the  said  sale,  until 
the  time  fixed  by  law  for  the  next  election  of  directors,  or 
until  the  consolidation  shall  take  place,  the  same  as  though 
the  said  sale  had  not  been  made. 
SEC.  4.  The  consolidated  company  shall  hold  an  election 


68  LAWS   OF  WISCONSIN. 

of  directors  on  the  first  Tuesday  of  October  of  each  year, 
unless  otherwise  directed  by  the  by-laws  of  said  company, 
at  a  place  to  be  selected  in  one  of  the  counties  in  the  state  of 
Illinois,  or  this  state,  through  which  the  said  rail-road  passes, 
by  the  board  of  directors  ;  and  notice  of  said  election  shall 
be  given  to  the  stockholders  by  four  weeks'  publication  in 
one  newspaper  published  in  Chicago,  in  one  at  Madison,  in 
one  at  Fond  du  Lac,  and  in  one  at  Janesville ;  and  the  said 
election  shall  be  conducted  after  the  manner  provided  in  the 
charter  of  the  Rock  River  Valley  Union  Rail-Road  Com- 
pany, and  the  by-laws  to  be  adopted  by  the  consolidated 
company. 

SEC.  5.  The  said  consolidated  company  shall  be  and  re- 
main subject  to  the  laws  of  the  state  of  Wisconsin  and  the 
state  of  Illinois,  respectively,  and  shall  have,  in  all  respects, 
the  same  privileges  as  though  this  consolidation  had  not 
taken  place  :  Provided,  The  laws  of  the  state  of  Illinois  shall 
have  no  force  or  effect  in  the  state  of  Wisconsin,  under  the 
provisions  of  this  act. 

SEC.  6.  After  consolidation  as  aforesaid,  and  before  the 
first  election  of  directors  by  the  stockholders,  the  affairs  of 
the  consolidated  company  shall  be  managed  by  the  directors 
of  the  two  companies  acting  jointly  ;  and  as  soon  after  con- 
solidation as  it  may  be  deemed  expedient  to  organize  said 
consolidated  company,  said  joint  board  of  directors  shall 
meet  and  elect  a  president,  vice-president  and  secretary,  and 
treasurer;  and  the  said  consolidated  company  being  thus 
organized,  may  make  and  execute,  in  their  corporate  name, 
all  such  writings,  notes,  bonds  or  mortgages  of  their  real  or 
personal  property,  or  any  part  thereof,  as  they  may  deem 
necessary  to  secure  the  payment  of  any  liability  incurred,  or 
to  be  incurred,  in  the  construction  and  equipment  of  their 
road,  and  may  agree,  in  such  notes,  bonds  and  mortgages,  to 
pay  such  rate  of  interest  as  they  may  think  proper,  not  ex- 
ceeding ten  per  cent,  per  annum,  and  may  sell  and  dispose 
of  said  notes,  bonds  and  mortgages  at  par,  or  at  such  prices 
above  or  below  par  as  they  shall  think  proper. 

SEC.  7.  All  municipal  corporations,  towns,  villages  or 
cities,  which  have  by  law  been  authorized  to  loan  their 


LAWS   OF   WISCONSIN.  69 

credit  to  the  said  Rock  River  Valley  Union  Rail-Road  Com- 
pany, are  hereby  authorized  to  loan  their  credit  to  said  con- 
solidated company,  to  the  same  extent  and  on  the  same 
terms  as  by  law  said  corporations,  towns,  villages  or  cities 
are  now  authorized  to  loan  their  credit  to  the  said  Rock 
River  Valley  Union  Rail-Road  Company. 

SEC.  8.  This  act  shall  take  effect  from  and  after  its  passage. 

C.  C.  SHOLES, 

Speaker  of  the  Assembly. 
JAMES  T.  LEWIS, 

Lieut.  Governor  and  President  of  the  Senate. 
Approved  March  10,  1855. 

WM.  A.  BARSTOW. 


STATE  OF  WISCONSIN, 
Secretary^  Office, 


S3. 


The  secretary  of  state  of  the  state  of  AVisconsin  does  here- 
by certify,  that  the  foregoing  act  hereto  annexed  has  been 
compared  with  the  original  enrolled  act  deposited  in  this 
office,  and  that  the  same  is  a  true  copy  thereof,  and  of  the 
whole  of  such  original. 

In  witness  whereof,  I  'have  hereunto  set  my  hand 
and  affixed  the  great  seal  of  the  state,  at  the 
[L.  s.]         capitol,  in  Madison,  this  16th  day  of  March, 
1855. 

JOHN  W.  HUNT, 

Ass't  Secretary  of  State. 


THE  NORTHWESTERN  RAIL-ROAD  COMPANY. 

On  the  17th  of  April,  1852,  the  legislature  of  Wisconsin 
passed  an  act  to  create  Otis  Hoyt,  Hiram  Knowlton,  Timo- 
thy Burns,  B.  Allen  and  John  B.  Hoyt,  their  associates,  sue- 


TO  LAWS   OF  WISCONSIN. 

cessors  and  assigns,  a  body  corporate,  by  the  name  of  the 
^Torthwestern  Kail-Road  Company. 

Sections  5  and  11  of  said  act  are  as  follows : 

Route  of     SEC.  5.  Said  company  shall  have  full  power  to  construct 
roa<L          a  rail-road  from  the  Falls  of  St.  Croix,  in  the  county  of  St. 
Croix,  by  the  way  of  Willow  River,  to  the  Wisconsin  River, 
at  the  most  practicable  point  for  crossing  said  river,  and  on 
the  shortest  and  best  route  for  reaching  said  point,  and  from 
thence  to  Madison,  in  Dane  county ;  and  the  capital  stock 
of  the  said  company  shall  be  two  million  dollars,  and  shall 
be  divided  into  shares  of  one  hundred  dollars  each. 
Power     SEC.  11.  The  said  company  shall  have  power  to  locate  and 
road.°ns  lct  construct  a  rail-road,  with  a  single  or  double  track,  and 
shall  have  power  to  transport,  take  and  carry  property  and 
persons  upon  the  same  by  power  and  force  of  steam,  of  ani- 
mals, or  of  any  mechanical  or  other  power,  or  by  any  com- 
bination of  them  ;  and  they  shall  also  have  power  to  make, 
conduct  and  erect  all  such  side-track,  turn-outs  and  connect- 
ing tracks,  and  also  such  warehouses,  toll-houses,  machine- 
shops,  carriages,  cars,  and  other  works  and  appendages,  as 
may  be  necessary  for  the  convenience  of  the  company,  for 
the  use  of  the  said  rail-road,  and  also  to  connect  said  rail- 
road, and  operate  the  same  with  other  rail-roads  and  branch 
rail-roads  in  the  state  of  Wisconsin,  and  consolidate  the  capi- 
tal stock  of  the  said  company  with  the  capital  stock  of  any 
rail-road  company  with  which  the  roads  of  the  said  company 
shall  intersect,  and  shall  have  full  power  to  place  the  road 
of  this  company,  and  its  capital  stock  so  consolidated,  under 
the  direction  of  a  joint  board  of  directors,  to  be  chosen  on 
such  terms  as  the  directors  of  the  companies  consolidating 
their  capital  stock  shall  agree  upon ;  and  the  board  so  con- 
stituted shall  have  power  to  adopt  such  name  as  they  may 
see  fit,  and  may  alter  the  same  at  will,  and  shall  upon  such 
adoption  or  alteration  [shatt\  give  proper  notice  of  the  same 
in  a  newspaper  published  in  Madison. 


LAWS   OF   WISCONSIN.  71 


AN  ACT 


FOE   THE   PROTECTION   OF  LABORERS    ON   RAIL-ROADS. 

The  people  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

SEC.  1.  All  rail-road  corporations  within  this  state  shall  be     Kan-road 

corporations 

responsible  and  obligated  in  law  to  the  laborers  on  the  line  or  [^borer^. 
lines  of  rail-roads  being  constructed  by  said  corporations,  and 
are  responsible  and  liable  to  pay  for  all  labor  performed  by 
said  laborers  severally,  upon  said  road  or  roads,  to  the  per- 
sons performing  such  labor ;  and  it  shall  be  the  duty  of  said     contmct- 

.  .     «  ,  ors   to    give 

corporations  to  require  of  all  contractors  or  sub-contractors  bond. 
ample  bond  or  other  security,  satisfactory  to  said  corpora- 
tions, conditioned  that  all  laborers  on  said  road  or  roads  shall 
be  first  paid  before  the  estimates  due  said  contractors  or  sub- 
contractors, by  said  corporations,  shall  be  paid  by  said  com- 
panies to  said  contractor  or  contractors,  sub-contractor  or 
sub-contractors,  and  for  the  purposes  of  this  act,  all  the  usual 
remedies  by  action  are  given  to  any  and  all  such  laborers, 
against   any  such  corporation.     The  provisions  of  this  act 
shall  apply  to  all  incorporated  companies  in  this  state.     !No  Laborers  to 
suit  shall  be  maintained  under  the  provisions  of  this  act  until g" 
such  laborer  shall  have  given  thirty  days'  notice,  in  writing, 
to  the  president  or  secretary  of  such  company,  that  wages 
are  due  him,  and  that  the  company  is  required  to  make  pay- 
ment for  such  wages  so  due,  stating  the  amount  claimed. 

SEC.  2.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  31,  1855. 


72  LAWS   OF  WISCONSIN. 


ACT 

TO   PROVIDE   FOR   REGULATING   RAIL-ROAD   CROSSINGS. 

The  people  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

TO  regu-  SEC.  1.  Whenever  the  track  or  line  of  any  rail-road  built 
crossings,  or  projected  by  any  rail-road  company  in  this  state,  pursuant 
to  its  charter,  shall  cross  the  track  or  line  of  any  other  rail- 
road in  this  state,  so  built  or  projected,  the  president  of  either 
company  may  apply  to  the  judge  of  the  circuit  court  of  the 
circuit  within  which  such  point  of  crossing  may  be,  for  the 
appointment  of  commissioners  for  the  purposes  hereinafter 
specified. 

Notice  to  SEC.  2.  A  written  notice,  specifying  the  time  and  place 
president  on  when  and  where  such  application  will  be  made  before  the 
ry!  s  ta"judge,  shall  be  served  at  least  ten  days  before  such  time,  on 

the  president  or  secretary  of  the  other  rail-road  company. 
judge  to  SEC.  3.  On  such  application  and  proof  of  the  service  of 
miss0ione«m"  such  notice,  the  judge  shall  appoint  three  disinterested  com- 
missioners, who  shall  be  competent  men  and  possessed  of 
practical  knowledge  on  the  subject,  to  prescribe  the  manner 
in  which  said  rail-roads  may  cross  each  other  —  the  regula- 
tions to  be  observed  by  each  company  in  respect  to  the  run- 
ning of  trains  over  its  road,  at  and  near  the  point  of  inter- 
section —  the  compensation  to  be  paid  by  either  company  for 
the  right  of  way  across  the  track  or  adjoining  lands  of  the 
other  company,  which  may  first  have  obtained  a  right  of 
way  across  the  lands  at  the  point  of  intersection,  and  all  other 
rules  and  regulations  necessary  to  secure  the  rights,  conveni- 
ence and  safety  of  said  company  and  of  passengers. 

SEC.  4.  The  commissioners  shall  be  sworn  faithfully  to  dis- 
charge  the  duties  of  their  appointment,  and  shall  cause  no- 
tice in  writing,  of  not  less  than  ten  days,  to  be  given  to  the 
president  or  secretary  of  each  company  personally,  stating 
the  time  and  place  when  and  where  they  will  meet  to  decide 


LAWS   OF   -WISCONSIN.  73 

upon  the  matter,  which  time  shall  not  be  more  than  thirty 
days  after  their  appointment,  unless  a  vacancy  shall  happen, 
which  may  make  a  longer  time  necessary.  They  shall  ex- 
amine the  premises  and  hear  all  proofs  of  arguments  sub- 
mitted by  the  parties,  and  may  adjourn  from  time  to  time, 
not  exceeding  fifteen  days  in  all,  giving  due  notice  thereof 
to  both  parties,  and  shall,  within  that  time,  make  an  order  in 
writing,  specifying  clearly  all  the  particulars  required  by 
section  three  of  this  act,  in  which  a  majority  of  them  shall 
concur ;  and  either  company,  on  complying  with  all  the  con- 
ditions prescribed  in  such  order,  shall  be  permitted  to  con- 
struct its  road  across  the  line  or  track  of  such  other  road, 
and  run  engines  and  trains  under  the  regulations  or  restric- 
tions specified  in  such  order. 

SEC.  5.  The  commissioners  shall  forthwith  file  such  order  TO  aie  order. 
in  the  office  of  the  clerk  of  the  court  of  the  county  in  which 
said  rail-roads  cross,  and  cause  a  copy  thereof  to  be  delivered 
to  the  president  or  secretary  of  each  company ;  and  either     company 
company  may  appeal  from  the  decision  of  the  commissioners,  "^ 
within  ten  days  after  the  filing  of  the  order  and  delivery  of 
the  copy,  by  filing  a  notice  of  appeal  with  the  clerk  of  the 
court,  and  serving  a  copy  of  the  notice  on  the  president  or 
secretary  of  the  other  company,  which  appeal  shall  be  to  the 
circuit  court  of  the  same  county. 

SEC.  6.  Such  appeal  shall  be  tried  by  the  court,  and  if  the   Appeal  to- 
court  shall  find  that  the  proceedings  of  the  commissioners  court16 
have  not  been  in  conformity  with  this  act,  or  that  their  de- 
cision is  unjust  or  unreasonable,  the  same  shall  be  reversed, 
otherwise  it  shall  be  affirmed.     On  reversing  such  decision, 
the  court  shall  immediately  appoint  three  commissioners, 
who  shall  proceed,  as  above  provided,  to  another  hearing 
and   determination;  Provided^  That  either  party  may  re-    Proviso, 
quire  that  the  amount  of  the  compensation  to  be  paid  by 
either  company  as  aforesaid,  shall  be  determined  by  a  jury. 

SEC.  7.  The  judge  shall,  from  time  to  time,  appoint  new 
commissioners,  on  the  same  notice  as  above  provided,  on  the 
first  application  to  fill  vacancies,  or  in  case  those  before  ap- 
pointed shall  have  failed  to  complete  their  duties. 

SEC.  8.  The  fees  of  the  commissioners  shall  be  paid  by  the 

6 


74  LAWS   OF   WISCONSIN. 

jo°f_  company  making  the  application  ;  and  on  all  costs  on  an  ap- 
peal, as  the  court  shall  order. 

SEC.  9.  If  the  president  of  either  company  shall  so  request, 
the  commissioners  shall  direct,  in  their  order,  that  the  road 
of  said  company  may  cross  the  other  road  on  the  grade  of 
such  other  road,  and  prescribe  such  regulations  respecting 
the  stoppage  of  trains  on  the  said  road,  (first  mentioned  in 
this  section,)  near  the  point  of  crossing,  as  the  commissioners 
may  deem  necessary  to  secure  safety  on  both  roads. 

SEC.  10.  No  company  which  shall  have  obtained  the  right 
of  way,  and  constructed  its  road  at  the  point  of  intersection, 
before  the  application  for  the  appointment  of  commissioners 
may  be  made,  shall  be  required  to  alter  the  grade  or  change 
the  location  of  its  road,  or  be  required  to  defray  any  part  of 
the  expense  of  the  crossing,  or  of  the  proceedings  under 
this  act. 

SEC.  11.  This  act  shall  take  effect  from  and  after  its  pass- 
age and  publication. 

Approved  April  2,  1855. 


ARTICLES   OF  CONSOLIDATION.  75 


ARTICLES  OF  CONSOLIDATION 

MADE  and  entered  into  this  thirtieth  day  of  March,  A.  D.5 
one  thousand  eight  hundred  and  fifty-five,  between  the  Illi- 
nois and  "Wisconsin  Eail-Eoad  Company,  a  corporation  created 
and  existing  by  and  under  the  authority  of  the  laws  of  the 
State  of  Illinois,  for  the  purpose  of  constructing,  operating 
and  maintaining  a  rail-road  in  said  State,  party  of  the  first 
part,  and  the  Rock  River  Yalley  Union  Rail-Road  Company, 
a  corporation  existing  under  and  by  the  laws  of  the  State  of 
Wisconsin,  for  the  purpose  of  constructing,  maintaining  and 
operating  certain  rail-roads  in  said  State  of  Wisconsin  of  the 
second  part. 

Whereas,  heretofore,  that  is  to  say,  on  the  twenty-fourth 
day  of  March,  one  thousand  eight  hundred  and  fifty-five,  all 
that  portion  of  the  rail-road,  road-bed,  rolling  stock,  franchises 
and  property  of  every  description  of  the  said  Rock  River 
Yalley  Union  Rail-Road  Company,  described  and  embraced 
in  a  certain  indenture  of  mortgage  made  by  said  Rock  River 
Valley  Union  Rail-Road  Company  to  Robert  J.  Walker, 
bearing  date  on  the  ninth  day  of  September,  one  thousand 
eight  hundred  and  fifty-one,  (being  all  that  part  of  the  line  of 
said  rail-road  from  Fond  du  Lac,  on  Lake  Winnebago,  to  the 
southern  boundary  of  the  State  of  Wisconsin,  together  with 
all  the  appurtenances,  franchises  and  property  of  said  com- 
pany, movable  or  immovable,  in  any  way  connected  with 
said  part  of  said  road,)  was  sold  under  and  by  virtue  of  said 
mortgage  to  William  B.  Ogden,  of  the  City  of  Chicago,  and 
John  H.  Hicks  and  Charles  C.  Walden,  of  the  City  of  New- 
York  ;  which  said  purchase  of  said  portion  of  said  rail-road, 
and  its  appurtenances  and  property,  at  said  mortgage  sale, 
was  made  for  the  benefit  and  interest  of  said  bondholders, 
under  and  by  virtue  of  certain  instruments  signed  by  said 
bondholders,  and  copies  whereof  are  hereto  annexed. 

And  whereas  the  rail-roads  of  the  said  Illinois  and  Wis- 

7 


76  ARTICLES   OF   CONSOLIDATION. 

consin  Eail-Koad  Company,  and  said  Eock  River  Yalley 
Union  Eail-Road  Company,  including  the  said  portion  of  said 
Eock  Eiver  Yalley  Union  Eail-Eoad  which  was  purchased 
as  aforesaid  by  said  William  B.  Ogden,  John  H.  Hicks  and 
Charles  C.  "Walden,  connect  with  each  other  at  the  north  line 
of  the  said  State  of  Illinois,  and  the  roads  of  said  companies 
by  said  connection  form  a  continuous  line  of  rail-road  to  the 
full  extent  of  the  lines  of  said  respective  rail-roads,  as  the 
same  are  authorized  by  the  laws  and  enactments  of  the  said 
States  of  Illinois  and  "Wisconsin. 

And  whereas  it  is  desirable  that  all  the  lines  of  rail-road 
and  franchises  of  the  said  two  companies,  including  as  well 
the  portion  of  the  said  Eock  Eiver  Yalley  Union  Eail-Eoad 
and  its  franchises,  so  as  aforesaid  purchased  at  the  said  sale, 
had  under  the  said  mortgage  as  the  portion  thereof,  and  of 
its  franchises  not  embraced  in  said  mortgage  and  sale,  should 
be  consolidated  and  brought  under  the  management  ancl 
control  of  one  board  of  directors : 

And  whereas  the  said  William  B.  Ogden,  John  H.  Hicks 
and  Charles  C.  Walden,  the  purchasers  aforesaid,  did,  by  an 
instrument  in  writing,  bearing  date  the  twenty-fourth  day  of 
March,  one  thousand  eight  hundred  and  fifty-five,  a  copy  of 
which  is  hereto  duly  annexed,  executed  under  their  hands  and 
seals,  according  to  the  provisions  of  an  act  of  the  legislature 
of  the  State  of  Wisconsin,  approved  March  tenth,  one  thou- 
sand eight  hundred  and  fifty-five,  consent  that  the  said  board 
of  directors  of  the  said  Eock  Eiver  Yalley  Union  Eail-Eoad 
Company,  parties  of  the  second  part  hereto,  should  remain  in 
possession  of  and  direct  the  affairs  and  control  the  property 
of  the  said  company  in  the  same  manner  as  they  might  or 
could  lawfully  do  if  the  sale  of  said  portion  of  said  road  and 
its  franchises  had  not  taken  place  : 

And  whereas  the  said  parties  of  the  first  part  and  second 
part  have,  by  their  respective  boards  of  directors,  mutually 
agreed  to  consolidate  their  respective  capitals  with  each 
other,  and  to  merge  and  consolidate  the  stock  of  their  respec- 
tive companies,  and  make  one  joint  stock  company  of  their 
two  rail-roads  ;  and  to  consolidate  the  property  and  stock  of 


ARTICLES   OF   CONSOLIDATION.  77 

the  said  parties  of  the  first  and  second  parts,  and  their  re- 
spective corporations,  upon  the  terms  and  conditions  herein- 
after stated  and  declared ;  which  said  terras  and  conditions 
have  been  agreed  to  and  approved  by  the  board  of  directors 
of  each  of  the  said  corporations,  at  meetings  duly  held  of  said 
respective  boards,  by  resolutions  duly  passed  by  said  boards 
of  directors  respectively : 

And  whereas  the  said  parties  are  duly  authorized  by  law  to 
consolidate  in  the  manner  hereinafter  provided,  now,  therefore, 
these  presents  witness,  that  in  consideration  of  the  premises, 
and  in  consideration  of  the  mutual  execution  of  these  presents, 
the  said  party  of  the  first  part  and  the  said  party  of  the 
second  part  do  hereby  unite,  consolidate  and  combine  all  the 
rights,  franchises  and  privileges  which  are  respectively 
granted  by  the  enactments,  laws  and  charters  of  the  said 
States  of  Illinois  and  Wisconsin,  to  the  said  several  corpora- 
tions, including  as  well  the  portion  of  said  Rock  River  Valley 
Union  Rail-Road  and  its  franchises,  so  as  aforesaid  purchased 
at  the  sale  had  under  the  said  mortgage,  as  all  other  the 
rail-roads,  rights,  franchises  and  privileges  of  the  said  corpo- 
rations, each  of  them  into  one  company  and  corporation,  to 
be  hereafter  known  and  designated  by  the  name  of  the  Chi- 
cago, St.  Paul  and  Fond  du  Lac  Rail-Road  Company,  which 
said  company,  as  hereby  created  and  consolidated,  shall 
henceforth  have  and  possess  all  and  singular  the  rights, 
powers,  franchises  and  immunities  which  are  or  have  been 
heretofore,  by  the  laws  or  enactments  of  said  States  of  Illi- 
nois and  "Wisconsin,  vested  in,  given  to  or  conferred  upon 
said  Illinois  and  Wisconsin  Rail-Road  Company  and  said 
Rock  River  Yalley  Union  Rail-Road  Company  respectively. 
And  the  said  party  of  the  first  part  hereto  doth,  in  consider- 
ation of  the  premises,  hereby  grant,  sell,  convey,  alien,  con- 
firm, transfer  and  assign  unto  the  said  The  Chicago,  St.  Paul 
and  Fond  du  Lac  Rail-Road  Company,  as  the  same  is  hereby 
created  and  consolidated,  all  and  singular  the  franchises,  cor- 
porate privileges,  rights,  real  estates,  depot  grounds,  rights  of 
way,  road-bed,  rail-road,  iron  rails,  engines,  cars,  machinery, 
rolling  stock,  debt,  dues,  demands,  choses  in  action,  rights 


78  ARTICLES   OF  CONSOLIDATION. 

of  action  and  property  of  every  description,  name  and  nature 
in  which  said  Illinois  and  Wisconsin  Rail-Road  Company 
has  any  right,  title  or  interest,  whether  in  possession,  rever- 
sion or  remainder ;  and  the  same,  together  with  all  appur- 
tenances, shall  be,  from  henceforth,  held,  owned,  used  or  con- 
trolled by  the  said  The  Chicago,  St.  Paul  and  Fond  du  Lac 
Rail-Road  Company,  in  all  respects  as  fully  and  completely, 
and  with  the  same  rights  as  the  same  are  now  held,  owned, 
used  and  controlled  by  the  said  Illinois  and  "Wisconsin  Rail- 
Road  Company,  as  the  same  existed  prior  and  up  to  the 
time  of  said  consolidation. 

And  the  said  party  of  the  second  part,  in  consideration  of 
the  premises,  doth  hereby  grant,  bargain,  sell,  alien,  confirm, 
convey,  transfer  and  assign  unto  the  said  The  Chicago,  St. 
Paul  and  Fond  du  Lac  Rail-Road  Company  all  the  corpo- 
rate franchises,  rights,  privileges,  real  estate,  land,  depots, 
depot  grounds,  right  of  way,  road-bed,  rail-road,  iron  rails, 
engines,  cars,  machinery,  rolling  stock,  debts,  dues,  demands, 
choses  in  action,  and  rights  in  action  and  property  of  every 
description,  name  and  nature,  in  or  to  which  said  Rock  River 
Yalley  Union  Rail-Road  Company  has  any  right,  title  or  in- 
terest, whether  in  possession,  or  reversion,  or  remainder ;  and 
especially  does  said  party  of  the  second  part  grant,  sell,  as- 
sign, transfer,  alien,  confirm  and  set  over  to  the  said  The 
Chicago,  St.  Paul  and  Fond  du  Lac  Rail-Road  Company, 
all  and  the  entire  power  which  has,  by  its  act  of  incorpora- 
tion, and  any  and  all  acts  amendatory  thereof,  been  conferred 
upon  said  Rock  River  Yalley  Union  Rail-Road  Company  to 
construct  and  extend  its  rail-road,  and  all  branches  or  exten- 
sions thereof,  with  the  intent  and  meaning  and  to  the  end 
that  the  said  The  Chicago,  St.  Paul  and  Fond  du  Lac  Rail- 
Road  Company  may  construct,  operate,  complete  and  main- 
tain any  and  all  rail-roads  which  said  party  of  the  second 
part  is,  by  said  act  of  incorporation  and  acts  amendatory 
thereof,  authorized  or  empowered  to  construct  and  maintain. 

And  also  all  stock  subscriptions  and  agreements  for  stock 
subscriptions,  and  contracts  for  the  loaning  of  credit,  endorse- 
ment or  otherwise  held  by  or  made  with  said  Rock  River 


ABTTCLES   OF   CONSOLIDATION.  79 

Valley  Union  Rail-Road  Company,  or  by  its  agents  or  attor- 
neys, for  its  benefit,  with  any  person  or  persons,  or  with  any 
towns,  cities  or  counties,  or  municipal  corporations,  and  the 
same,  together  with  all  appurtenances,  shall  be  from  hence- 
forth held,  owned,  used  and  controlled  by  the  said  The  Chi- 
cago, St.  Paul  and  Fond  du  Lac  Rail-Road  Company,  as  the 
same  is  hereby  constituted  and  consolidated,  in  all  respects 
as  fully  and  completely,  and  with  the  same  rights  as  the  same 
are  now  held,  owned,  used  and  controlled  by  the  said  Rock 
River  Yalley  Union  Rail-Road  Company,  as  the  same  ex- 
isted prior  and  up  to  the  time  of  said  consolidation.  And  it 
is  hereby  mutually  agreed,  between  the  parties  hereto,  that 
the  capital  stock  of  said  The  Chicago,  St.  Paul  and  Fond  du 
Lac  Rail-Road  Company,  as  the  same  is  hereby  constituted 
by  said  consolidation,  shall  be  and  is  hereby  fixed  at  the  sum 
of  six  millions  of  dollars,  (with  the  privilege  of  increasing 
the  same  according  to  law,)  which  said  capital  stock  shall  be 
divided  into  shares  of  one  hundred  (100)  dollars  each. 

And  all  the  stock  which  has  been  issued  by  said  Illinois 
and  "Wisconsin  Rail-Road  Company,  and  all  the  stock  which 
has  been  issued  by  said  Rock  River  Yalley  Union  Rail-Road 
Company  which  is  now  outstanding  and  held  by  bona  fide 
holders,  may  be  surrendered,  and  in  place  thereof  there  shall 
be  issued  to  the  holder  or  holders  of  said  stock,  or  his  or 
their  assign  or  assigns,  an  equal  number  of  shares  in  the 
stock  of  the  said  consolidated  company. 

And  it  is  further  mutually  agreed  between  the  parties  here- 
to, that  all  bonds  which  have  been  heretofore  properly  and 
justly  issued  by  said  Illinois  and  "Wisconsin  and  Rock  River 
Valley  Union  Rail-Road  Companies,  and  also  all  just  and 
lonafide  debts  which  are  owing  by  either  of  said  corpora- 
tions, may  be  converted  into  the  stock  of  said  consolidated 
Chicago,  St.  Paul  and  Fond  du  Lac  Rail-Road  Company, 
upon  the  holder  or  holders  of  said  bonds  or  debts,  surrender- 
ing to  the  proper  officer  of  said  company  the  said  bonds  or 
evidences  of  such  indebtedness,  and  giving  to  said  company 
a  full  receipt  and  acquittance  for  the  said  bonds  or  indebted- 
ness so  converted  into  stock. 


SO  ARTICLES   OF   CONSOLIDATION. 

Provided  that  no  debts  or  bonds  of  said  Eock  Eiver  Taller 
Union  Kail-road  Company  shall  be  converted  into  stock  as 
aforesaid,  until  the  same  shall  have  been  approved  in  writing 
by  the  said  "William  B.  Ogden,  John  H.  Hicks  and  Charles 
C.  Walden,  or  a  majority  of  them. 

And  it  is  further  mutually  agreed  between  said  parties 
hereto,  that  the  said  The  Chicago,  St.  Paul  and  Fond  flu  Lac 
Kail-Koad  Company,  as  hereby  constituted,  shall  not,  by  any 
thing  herein  contained,  nor  by  any  act  to  be  done  by  said 
company  in  execution  hereof,  be  construed,  deemed  or  taken 
to  have  assumed  or  to  be  liable  for  any  of  the  debts  of  the 
said  Kock  Eiver  Yalley  Union  Eail-Eoad  Company,  except 
to  the  extent  and  in  the  manner  hereinbefore  specially  pro- 
vided. 

And  it  is  further  mutually  agreed  between  the  parties 
hereto,  that  the  affairs  of  the  said  The  Chicago,  St.  Paul  and 
Fond  du  Lac  Eail-Eoad  Company  shall  be  managed  by  a 
board  of  directors  of  not  less  than  seven  nor  more  than  fifteen, 
with  a  secretary  and  such  other  officers,  engineers,  superin- 
tendents and  agents  as  said  board  of  directors  shall  from  time 
to  time  elect  or  appoint ;  and  said  directors  shall  be  chosen 
annually  by  the  stockholders  of  said  company,  from  among 
themselves,  and  shall  hold  their  office  until  their  successors 
are  chosen. 

And  the  election  of  directors  shall  be  held  the  first  Tues- 
day in  October,  or  at  such  other  time,  and  be  held  at  such 
place,  and  conducted  in  such  manner  as  the  by-laws  of  said 
company  shall  direct. 

But  at  all  elections,  each  stockholder  shall  be  entitled  to 
one  vote  for  every  share  of  stock  held  by  him. 

And  it  is  further  agreed,  that  the  seal  of  the  said  rail-road 
company  shall  be  fixed  by  a  by-law  of  the  said  The  Chicago, 
St.  Paul  and  Fond  du  Lac  Eail-Eoad  Company,  and  until 
the  same  is  so  fixed,  the  secretary  of  said  company  shall  use 
his  private  seal  as  the  seal  of  said  company ;  and  the  seal 
so  fixed  may  be  altered  at  any  time  by  said  board  of  di- 
rectors. 

All  the  books,  vouchers,  records  and  other  documents  per- 


ARTICLES  OF  CONSOLIDATION. 

taining  to  the  business  of  said  parties  of  the  first  and  second 
parts,  shall  be  placed  in  the  office  of  the  secretary  of  said 
consolidated  company ;  and  the  same  shall  be  kept,  and, 
when  necessary,  completed  by  said  secretary  or  his  assistants- 

And  the  said  books,  records  and  papers  shall  be  deemed 
and  taken,  so  far  as  necessary,  as  the  records  and  books  of 
said  consolidated  company ;  and  said  books,  records,  vouchers 
and  papers  shall  be  subject  to  the  examination  and  inspec- 
tion of  all  persons  interested  therein,  who  shall  have  the  same 
access  thereto  as  if  the  same  had  remained  in  the  office  of  the 
original  companies. 

And  it  is  further  mutually  agreed  between  the  parties 
hereto,  that  the  benefit  of  all  contracts  and  agreements,  which 
have  been  made  and  entered  into  by  said  Eock  Eiver  Valley 
Union  Eail-Eoad  Company,  with  any  and  all  other  rail-road 
companies,  whereby  any  lease,  running  contract  or  consolida- 
tion has  been  made  or  agreed  upon,  shall  enure  to  and  vest 
in  said  The  Chicago,  St.  Paul  and  Fond  du  Lac  Eail-Eoad 
Company,  as  fully  and  completely  as  the  same  has  done  or 
might  or  could  do  in  the  said  Eock  Eiver  Valley  Union  Eail- 
Eoad  Company. 

And  it  is  further  understood  and  agreed  between  the 
parties  hereto,  that  said  consolidated  company  shall  be  con- 
trolled and  managed  by  the  said  boards  of  directors  of  the 
said  party  of  the  first  and  party  of  the  second  part  acting,  or 
a  majority  of  them  acting  together,  until  the  first  annual 
election  of  directors  for  said  consolidated  company  shall  have 
taken  place ;  and  the  said  directors  of  said  two  original  com- 
panies shall  have  power,  while  so  acting,  to  do  any  and  all 
acts  which  could  or  might  be  done  by  the  regular  elected 
board  of  directors  of  said  consolidated  company,  and  shall, 
as  soon  as  may  be  after  this  instrument  takes  effect,  elect  a 
president,  vice-president,  secretary  and  treasurer,  and  execu- 
tive committee  of  five. 

And  it  is  further  understood  and  agreed,  that  these  articles 
of  consolidation  shall  take  effect  as  soon  as  the  same  shall  be 
duly  executed  by  all  the  parties  hereto. 

And  it  is  further  understoood  and  agreed,  that  so  much  of 


82  ARTICLES   OF   CONSOLIDATION. 

the  capital  stock  of  said  The  Chicago,  St.  Paul  and  Fond  du 
Lac  Rail-Road  Company  as  is  required  for  the  purpose  of 
substituting  the  same  for  the  capital  stock  of  said  Illinois  and 
"Wisconsin  Eail-Road  Company,  and  of  said  Eock  Kiver 
Valley  Union  Eail-Koad  Company,  which  has  been  justly 
and  properly  issued,  and  is  now  extant,  and  also  for  the 
bonds  and  indebtedness  of  the  said  companies,  as  is  herein- 
before provided,  shall  be  issued  by  said  The  Chicago,  St. 
Paul  and  Fond  du  Lac  Kail-Road  Company,  under  the  ad- 
vice and  direction  of  the  executive  committee,  as  the  said 
original  stock  certificates  and  bonds,  or  evidence  of  indebted- 
ness, shall  or  may  be  from  time  to  time  presented  to  the  said 
secretary,  and  surrendered  to  him,  at  his  office ;  and  that  the 
balance  of  said  capital  stock  may  be  issued,  from  time  to 
time,  in  such  manner,  and  made  payable  upon  such  terms 
and  for  such  consideration  as  the  board  of  directors  shall 
deem  proper. 

And  it  is  further  agreed  between  the  parties  hereto,  that 
in  all  cases  in  which  subscriptions  or  agreements  to  subscribe 
for  the  stock  of  said  Rock  River  Valley  Union  Rail-Road 
Company  has  been  heretofore  made  by  any  person  or  per- 
sons, or  any  city,  town,  county  or  municipal  corporation,  and 
said  subscriptions  yet  remain  unpaid,  either  in  whole  or  in 
part,  the  stock  of  said  consolidated  company  may  be  issued 
to  the  said  subscribers,  city,  town,  county  or  corporation,  in 
the  same  manner  as  said  Rock  River  Valley  Union  Rail- 
Road  Company  would  have  been  bound  to  issue  its  stock, 
had  not  this  consolidation  taken  place. 

In  testimony  whereof,  the  presidents  and  secretaries  of 
the  said  parties  of  the  first  part  and  second  parts 
have  respectively  set  their  hands,  and  affixed  the 
[L.  s.]        corporate  seals  of  the  said  Companies  respec- 
tively, the  day  and  year  first  above  written. 

The  Illinois  and  Wisconsin  Rail-Road  Com- 
pany, by  "W.  B.  OGDEN,  President. 
Attest,  A.  S.  DOWNS,  Sec'y. 

The  Rock  River  Valley  Union  Rail-Road 
[L.  s.]        Company,  by     CHARLES  BUTLER,  President. 
Attest,  J.  W.  CUKRIEE,  Sec'y. 


AKTICLES   OF  COLSOLIDATION. 


83 


We,  the  undersigned,  being  a  majority  of  stockholders  in 
interest  of  the  Illinois  and  Wisconsin  Rail-Road  Company, 
and  holding  the  number  of  shares  set  opposite  our  respective 
names,  do  approve  of  the  terms  of  the  consolidation  of  said 
company  with  the  Rock  River  Valley  Union  Rail-Road  Com- 
pany, as  agreed  upon  by  the  board  of  directors  of  the  respec- 
tive companies.  And  we  do  approve,  assent  and  agree  to 
the  foregoing  articles  of  consolidation,  bearing  date  March 
30th,  1855. 


Names. 

Daniel  Elston, 

J.  H.  Johnson, 

Mahlon  D.  Ogden, 

Geo.  W.  Gage, 

Bradley,  Page  &  Co., 

Strong,  Page  &  Co., 

James  W.  Hickok, 

Charles  Butler, 

Coffin  &  Haydock, 

Daniel  S.  Miller, 

Philip  Dater, 

Philip  Dater  &  Co., 

E.  B.  Litchfield,  Jr., 

Jos.  W.  Corlies, 

Waterbury  Bank,  by  A.   S. 

Chase,  Cashier, 
The  Bank  of  Hartford  County, 

by  A.  Gill,  Pres., 
Elisha  Peck, 
Wm.  H.  Lyon  &  Co., 
Wm.  Jarvis, 
The  American  Exchange  Bank, 

by  Geo.  S.  Coe,  Cash., 
Jas.  R.  H.  Hotchkiss, 
Metropolitan  Bank,  by  J.  E. 

Watkins,  Yice-Pres., 


Residence. 

Chicago,  HI., 
Woodstock,  111., 
Chicago,  111., 


a          u 

Burlington  Yt., 
New- York, 


Hartford,  Conn., 
New^York, 


Shares. 
206 

20 

100 

100 

100 

1,230 

50 
500 
402 
457 
201 
116 

98 
104 


Waterbury,  1ST.  Y.,          240 


792 
52 
20 
Middletown,  Conn.,        170 


New- York,  3,336 

Hotchkissville,  Conn.,     142 


New-York, 


295 


84:  APPOINTMENT  OF   AGENTS. 


EXHIBIT  D. — APPOINTMENT  or  AGENTS. 

"Whereas  it  is  represented  to  the  bondholders,  that  the 
Rock  River  Valley  Union  Rail-Road  Company  of  "Wisconsin 
have  become  seriously  embarrassed  in  their  affairs,  and  are 
unable  to  pay  their  present  current  liabilities,  or  the  interest 
coupons  upon  their  mortgage  bonds,  many  of  which  have 
matured  and  are  now  past  due,  and  that  many  of  the  bond- 
holders have  applied  to  the  Hon.  ROBERT  J.  WALKEK,  the 
trustee  named  in  the  deed  of  trust,  immediately  to  proceed 
to  foreclose  said  mortgage,  in  the  manner  provided  for  in 
said  instrument,  and  that  a  very  large  sum  of  money  has 
been  expended  in  the  construction  of  said  road,  which,  owing 
to  its  present  unfinished  state,  would  now  sell  but  for  a  small 
portion  of  its  cost,  and  therefore  cause  great  loss  to  the 
present  holders  of  its  securities,  if  it  was  summarily  closed 
up  ;  and  whereas  it  is  further  represented  to  the  undersigned, 
that  influential  and  responsible  parties,  principally  located 
along  the  line  of  said  road,  who  will  be  benefited  by  its  con- 
struction, have  come  forward  and  made  a  large  conditional 
fresh  subscription  of  eight  hundred  thousand  dollars,  or 
thereabouts,  (sufficient  to  ensure  its  completion,)  the  same  to 
be  in  full  force  and  effect,  provided  the  present  mortgage 
bonds  are  surrendered  previous  to  April  1st,  1855,  and  con- 
verted into  stock,  at  par,  in  the  present  corporation,  or  in  a 
new  organization  hereafter  to  be  formed,  in  case  said  sale,  as 
recommended,  should  be  made  by  said  trustee ;  in  which 
event,  it  is  further  represented,  the  existing  corporation  would 
necessarily  be  forced  into  liquidation. 

Now,  therefore,  we,  the  undersigned,  holders  of  the  first 
mortgage  bonds  of  the  said  Rock  River  Valley  Union  Rail- 
Road  Company,  to  the  amount  set  opposite  our  respective 
names  hereto,  either  as  the  owners  of  the  same  in  fee,  or  as 
holders  of  the  same  as  collateral,  in  trust  or  otherwise,  hereby 
irrevocably  constitute  and  appoint  WILLIAM  B.  OGDEN,  Esq., 
of  Chicago,  Illinois,  and  JOHN  H.  HICKS,  Esq.,  of  New- York 
city,  to  be  our  agents  and  attorneys  in  fact,  to  act  for  us, 


APPOINTMENT   OF  AGENTS.  85 

and  in  our  name  and  stead,  and  clothe  them  with  authority 
to  attend  any  sale  of  the  Eock  Eiver  Yalley  Union  Rail- 
Road,  its  appendages,  appurtenances  and  effects,  whenever 
the  same  shall  be  made  under  and  by  virtue  of  the  said  first 
mortgage  thereon,  given  to  secure  the  bonds  of  the  under- 
signed, in  common  with  others  secured  by  said  mortgage, 
and  hereby  authorize  them,  for  us,  and  in  our  names,  or  in 
the  names  of  either  of  them,  or  in  the  name  of  such  party  as 
we  may  hereafter  appoint,  to  bid  for  and  purchase  at  such 
sale  the  said  road,  if  they  shall  think  best  so  to  do,  together 
with  its  right  of  way,  depots  and  depot  grounds,  and  all  its 
appurtenances,  appendages  and  effects,  including  its  rails, 
cars,  tools,  machinery,  and  all  its  lands,  property  and  estate, 
real,  personal  or  mixed,  named  in  or  secured  by  said  mort- 
gage ;  and  our  said  agent  or  agents,  acting  for  us  in  this  be- 
half, at  any  such  sale,  may  bid  to  such  an  amount,  in  their 
discretion,  for  the  said  property,  as  they  shall  think  best  and 
proper,  but  always  upon  the  express  understanding  and  con- 
dition that  none  of  the  undersigned  shall  be  made,  or  in  any 
way  considered  to  be  liable  for  any  amount  of  money  what- 
ever, except  as  after  mentioned,  in  regard  to  expenses  for 
such  bid  or  bids,  or  purchase  by  our  said  agent  or  agents 
aforesaid  ;  but  shall  be  liable  only  to  convert  the  bonds  set 
opposite  our  respective  names  hereto,  and  accrued  interest 
thereon,  into  stock,  after  said  sale. 

We  accordingly  hereby,  each  for  himself,  and  not  one  for 
the  other,  respectively  agree  that  we  will  receive  from  our  said 
agents  or  attorneys,  or  from  other  parties  who  may  be  au- 
thorized to  issue  the  same,  under  the  existing  or  any  future 
organization  which  shall  be  made  of  said  company,  its  road, 
property  and  interest,  subsequent  to  and  in  pursuance  of 
such  sale  and  purchase  by  our  said  agents  or  attorneys  as 
aforesaid,  full  paid  stock  of  the  same  at  par,  to  the  full 
amount  of  the  bonds  set  opposite  our  respective  names 
hereto,  and  the  interest  thereon. 

And  we  hereby  further  authorize  our  said  attorneys,  acting 
in  this  behalf,  to  issue  or  cause  and  obtain  from  the  proper 
source  and  authority  the  issue  of  like  stock  at  par,  to  any  and 


86  APPOINTMENT  OF  AGENTS. 

all  other  lonafide  bondholders,  stockholders  and  just  creditors, 
at  the  time  of  the  said  sale  of  the  Kock  River  Valley  Union 
Kail-Eoad,  to  the  full  amount  of  their  respective  bonds  and 
stock,  and  likewise  for  the  full  amount  of  all  claims  and  de- 
mands, or  to  such  lesser  amount  of  the  latter  as  they  shall 
respectively  deem  them  to  be  justly  and  equitably  entitled 
to  as  creditors  of  said  company,  upon  receiving  from  them 
respectively,  in  return,  the  surrender  and  cancelment  of  all 
such  bonds,  stocks,  securities  and  demands. 

In  case  any  of  such  bondholders,  not  parties  hereto,  shall 
fail  to  agree  to  such  surrender  and  conversion  of  their  bonds 
into  stock  previous  to  said  sale,  it  shall  then  be  optional  with 
our  said  agents  or  attorneys  to  give  certificates  of  stock  there- 
for, if  applied  for,  in  exchange  for  such  bonds,  or  to  pay  to 
such  bondholders  their  pro  rata  proportion  of  the  proceeds  of 
such  sale,  in  cash. 

Upon  any  purchase  made  by  our  agents  or  attorneys  at 
such  sale,  under  the  mortgage  aforesaid,  they  shall  immedi- 
ately report  to  us,  or  to  those  representing  us,  the  cost  of 
such  purchase,  and  the  portion  and  amount  thereof  required 
to  be  paid  in  money  to  other  bondholders,  secured  by  said 
mortgage  and  not  parties  hereto ;  and  each  of  the  undersigned 
bondholders  respectively  shall  have  the  option  to  advance, 
pro  rata,  any  money  to  be  paid  to  said  bondholders  not 
parties  hereto,  in  proportion  as  the  number  of  bonds  hereto 
subscribed  by  him  shall  bear  to  the  whole  number  hereto 
subscribed,  and  stock  to  the  amount  of  the  bonds,  and  interest 
so  retired  and  cancelled  by  the  quota  of  money  furnished  by 
any  party  hereto,  shall  thereafter  be  issued  to  such  party,  in 
the  same  way  as  hereinbefore  provided,  on  bonds  hereto 
subscribed. 

The  payment  being  made  by  the  bondholders  parties 
hereto,  to  the  bondholders  not  parties  hereto,  shall  be  at 
once,  and  without  delay,  and  in  the  time  required  in  which 
to  make  payment  for  the  said  purchase. 

In  case  one  of  the  parties  hereto  shall  decline  or  fail  to 
furnish  his  quota  of  money,  promptly  and  in  time  to  com- 
plete such  purchase,  the  same  agents  or  attorneys  purchasing, 


APPOINTMENT  OF  AGENTS. 


87 


may  furnish  and  pay  the  same  for  their  own  account  and 
benefit,  and  stock  shall  thereafter  be  taken  by  them  or  their 
assigns,  in  like  manner  and  to  like  amount  as  if  such  money 
had  been  furnished  by  a  party  or  parties  hereto. 

The  undersigned  further  agree,  each  for  himself  and  not 
one  for  the  other,  to  furnish  his  quota  of  the  money  neces- 
sary to  defray  the  expenses  and  charges  incurred  in  said  sale 
and  attendant  upon  the  issue  of  stock,  and  the  full  carrying 
out  of  the  arrangements  herein  proposed. 

In  witness  whereof,  witness  the  signatures  of  the  under- 
signed, this  26th  day  of  February,  1855. 

Bonds,  $1,000  each. 
Witness  to  Thompson  & 


F.,    Geo.    Hardy,    22 
Cheap- 


-Thompson  &  Foreman,  195 


Queen-street, 

Bide,  London. 
"Witness  to  sig.  J.  B.  Elin,  "| 

James  Bury,  of  3  Ab-  [-John  B.  Elin, 

church  Lane.  J 

"Witness  to  sig.  of  John! 

Edw.Lohr,  James  Bury,  -  John  Edw.  Lohr, 


as  above. 
James  Bury,  as  above. 
James  Bury,  as  above. 
James  Bury,  as  above. 
James  Bury,  as  above. 


Charles  Jno.  Plumer, 
H.  R.  Price  &  Pott, 
Thomas  Clarke, 
Eichard  "Watts, 


Witness,  J.  W.  Hickok. 
Do. 
Do. 


10 


29 
2 

16 
2 


Elisha  Peck,  of  New-York,     103 
Bradley  &  Company,  209 

John  Bradley,  34 


**« 


Bonds,  of  $1,000  each,  making,  in  all, 


Total,        623 
$623,000 


88  APPOINTMENT   OF  AGENTS. 

"Whereas  it  is  represented  to  the  bondholders,  that  the 
Eock  River  Yalley  Union  Kail-Road  Company,  of  Wiscon- 
sin, have  become  seriously  embarrassed  in  their  affairs,  and 
are  unable  to  pay  their  present  current  liabilities,  or  the 
interest  coupons  upon  their  mortgage  bonds,  many  of  which 
have  matured  and  are  now  past  due,  and  that  many  of  the 
bondholders  have  applied  to  the  Hon.  ROBERT  J.  WALKER, 
the  trustee  named  in  the  deed  of  trust,  immediately  to  pro- 
ceed to  foreclose  said  mortgage  in  the  manner  provided  for 
in  said  instrument ;  and  that  a  very  large  sum  of  money  has 
been  expended  in  the  construction  of  said  road,  which,  owing 
to  its  present  unfinished  state,  would  now  sell  but  for  a  small 
portion  of  its  cost,  and  therefore  cause  great  loss  to  the  pre- 
sent holders  of  its  securities,  if  it  was  summarily  closed  up ; 
and  whereas  it  is  further  represented  to  the  undersigned,  that 
influential  and  responsible  parties,  principally  located  along 
the  line  of  said  road,  who  will  be  benefited  by  its  construction, 
have  come  forward  and  made  a  large  conditional  fresh  sub- 
scription of  eight  hundred  thousand  dollars,  or  thereabouts, 
(sufficient  to  ensure  its  completion,)  the  same  to  be  in  full 
force  and  effect,  provided  the  present  mortgage  bonds  are 
surrendered  previous  to  April  1st,  1855,  and  converted  into 
stock  at  par  in  the  present  corporation,  or  in  a  new  organiza- 
tion hereafter  to  be  formed,  in  case  said  sale,  as  recommend- 
ed, should  be  made  by  said  trustee  ;  in  which  event,  it  is 
further  represented,  the  existing  corporation  would  necessa- 
rily be  forced  into  liquidation. 

Now,  therefore,  we,  the  undersigned,  holders  of  the  first 
mortgage  bonds  of  the  said  Rock  River  Yalley  Union  Rail- 
Road  Company,  to  the  amount  set  opposite  our  respective 
names  hereto,  either  as  the  owners  of  the  same  in  fee,  or  as 
holders  of  the  same  as  collateral,  in  trust  or  otherwise,  hereby 
irrevocably  constitute  and  appoint  WILLIAM  B.  OGDEN,  Esq., 
of  Chicago,  Illinois,  JOHN  H.  HICKS,  Esq.,  of  New-York  city, 
and  CHARLES  C.  WALDEN,  Esq.,  of  New-York  city,  the  sur- 
vivors or  survivor,  to  be  our  agents  and  attorneys  in  fact,  to 
act  for  us,  and  in  our  name  and  stead,  and  clothe  them  with 
authority  to  attend  any  sale  of  the  Rock  River  Yalley  Union 


APPOINTMENT  OF  AGENTS.  89 

Rail-Road,  its  appendages,  appurtenances  and  effects,  when- 
ever the  same  shall  be  made  under  and  by  virtue  of  the  said 
first  mortgage  thereon,  given  to  secure  the  bonds  of  the  un- 
dersigned, in  common  with  others  secured  by  said  mortgage, 
and  hereby  authorize  them  for  us,  and  in  our  names,  or  in 
the  names  of  either  of  them,  or  in  the  name  of  such  party  as 
we  may  hereafter  appoint,  to  bid  for  and  purchase,  at  such 
sale,  the  said  road,  if  they  shall  think  best  so  to  do,  together 
with  its  right  of  way,  depots  and  depot  grounds,  and  all  its 
appurtenances,  appendages  and  effects,  including  its  rails, 
cars,  tools,  machinery,  and  all  its  lands,  property  and  estate, 
real,  personal  or  mixed,  named  in  or  secured  by  said  mort- 
gage ;  and  our  said  agent  or  agents,  acting  for  us  in  this  be- 
half at  any  such  sale,  may  bid  to  such  an  amount,  in  their 
discretion,  for  the  said  property,  as  they  shall  think  best  and 
proper,  but  always  upon  the  express  understanding  and 
condition  that  none  of  the  undersigned  shall  be  made,  or 
in  any  way  construed  to  be  liable  for  the  amount  of  such 
bid  or  bids,  or  purchase  by  our  said  agent  or  agents  afore- 
said, to  any  extent  exceeding  the  amount  of  the  bonds  set 
opposite  our  respective  names  hereto,  and  accrued  interest  to 
January  1,  1855. 

"We  hereby,  each  for  himself,  and  not  one  for  the  other, 
respectively  agree  that  we  will  receive  from  our  said  agents 
or  attorneys,  or  from  other  parties  who  may  be  authorized  to 
issue  the  same,  under  the  existing  or  any  future  organization 
which  shall  be  made  of  said  company,  its  road,  property  and 
interest  subsequent  to  and  in  pursuance  of  such  sale  and  pur- 
chase by  our  said  agents  or  attorneys  as  aforesaid,  the  sur- 
vivors or  survivor,  full  paid  stock  of  the  same  at  par,  to  the 
full  amount  of  the  bonds  set  opposite  our  respective  names 
hereto,  and  the  interest  thereon. 

And  we  hereby  further  authorize  our  said  attorneys  acting 
in  this  behalf  to  issue,  or  cause  and  obtain  from  the  proper 
source  and  authority  the  issue  of  like  stock  at  par,  to  any  and 
all  other  lona  fide  bondholders,  stockholders  and  just  credit- 
ors, at  the  time  of  the  said  sale  of  the  Rock  River  Valley 
Union  Rail-Road,  to  the  full  amount  of  their  respective  bonds 


90  APPOINTMENT   OF  AGENTS. 

and  stock,  and  likewise  for  the  full  amount  of  all  claims  and 
demands,  or  to  such  lesser  amount  of  the  latter  as  they  shall 
respectively  deem  them  to  be  justly  and  equitably  entitled  to 
as  creditors  of  said  company,  upon  receiving  from  them  re- 
spectively, in  return,  the  surrender  and  cancelment  of  all 
such  bonds,  stocks  and  demands. 

And  the  better  to  protect  all  parties  who,  in  aid  of  said 
Rock  River  Yalley  Union  Rail-Road  Company,  have  hereto- 
fore become  bona  fide  endorsers  or  sureties,  in  good  faith,  of 
the  unpaid  liabilities  of  said  company,  it  is  further  agreed, 
that  in  all  cases  where  such  endorser  or  surety  shall  surren- 
der all  the  bonds,  stocks  or  other  collaterals  of  said  company, 
or  in  which  said  company  is  interested,  and  which  have  been 
pledged  for  the  payment  of  such  obligations,  or  cause  the 
same  to  be  surrendered  to  our  said  agents  or  attorneys  acting 
for  us,  before  the  sale  under  said  mortgage  above  referred  to, 
our  said  agents  or  attorneys  are  authorized  and  required,  un- 
der the  new  organization  of  said  road  and  property,  after 
such  sale,  to  issue,  or  cause  or  obtain  to  be  issued  to  the 
proper  parties,  stock  of  the  same,  to  the  amount  of  bonds 
thus  surrendered  as  collateral  to  their  debt  connected  with 
such  endorsement,  together  with  new  bonds  of  said  company, 
under  and  immediately  after  such  new  organization,  for  the 
amount  of  such  debt,  payable  in  not  less  than  twelve  nor 
more  than  twenty-four  months  from  the  date  thereof,  with 
seven  per  cent,  interest  per  annum,  payable  semi-annually ; 
and  upon  the  payment  of  said  bond  and  interest,  the  above- 
mentioned  stock  shall  be  re-delivered  to  said  company ;  which 
stock  thus  issued  as  collateral,  shall  be  deposited  in  the  cus- 
tody of  the  cashier  of  the  Metropolitan  Bank,  in  the  city  of 
New-York,  there  to  remain  until  the  expiration  of  the  time 
of  payment  fixed  in  said  new  bonds ;  and  so  far  as  said  new 
bonds,  or  any  portion,  may  then  remain  unpaid,  said  stock, 
or  so  much  thereof  as  may  be  necessary,  shall  be  sold  at  pub- 
lic auction,  in  the  city  of  New-York,  on  thirty  days'  previous 
notice,  on  demand,  by  said  bondholders  respectively — the 
proceeds  to  be  applied  towards  the  payment  of  said  bonds, 
and  any  surplus  to  be  paid  over  to  said  agents  for  said  com- 


APPOINTMENT   OP   AGENTS.  91 

pany  ;  but  should  there  be  any  deficiency,  said  bonds,  to  the 
extent  of  such  deficiency,  shall  remain  as  a  debt  against  said 
company. 

In  case  any  of  said  bondholders,  not  parties  hereto,  shall 
fail  to  agree  to  such  surrender  and  conversion  of  their  bonds 
into  stock  previous  to  said  sale,  it  shall  then  be  optional  with 
our  said  agents  or  attorneys  to  give  certificates  of  stock  there- 
for, if  applied  for,  in  exchange  for  such  bonds,  or  to  pay  to 
such  bondholders  tlieir  pro  rata  proportion  of  the  proceeds  of 
such  sale,  in  cash. 

Upon  any  purchase  made  by  our  agents  or  attorneys,  at 
such  sale,  under  the  mortgage  aforesaid,  they  shall  immedi- 
ately report  to  us,  or  to  those  representing  us,  the  cost  of  such 
purchase,  and  the  portion  and  amount  thereof  required  to  be 
paid  in  money  to  other  bondholders,  secured  by  said  mort- 
gage, and  not  parties  hereto ;  and  each  of  the  undersigned 
bondholders,  respectively  for  himself,  and  not  jointly  with 
others,  reserves  the  right  at  once,  and  without  delay,  and  in  the 
time  specified,  to  make  payment  for  such  purchase,  to  furnish 
his  respective  quota  of  such  money  so  required  to  be  paid  said 
bondholders,  in  proportion  as  the  number  of  bonds  hereto  sub- 
scribed by  him  shall  bear  to  the  whole  number  hereto  sub- 
scribed ;  and  stock  to  the  amount  of  the  bonds,  and  interest  so 
retired  and  cancelled  by  the  quota  of  money  furnished  by  any 
party  hereto,  shall  thereafter  be  issued  to  such  party,  in  the 
same  way  as  hereinbefore  provided,  on  bonds  hereto  subscribed. 

In  case  one  or  more  of  the  parties  hereto  shall  decline  or 
fail  to  furnish  his  quota  of  money  promptly  and  in  time  to 
complete  such  purchase,  the  same  agents  or  attorneys  pur- 
chasing may  furnish  and  pay  the  same  for  their  own  account 
and  benefit,  and  stock  shall  thereafter  be  taken  by  them  or 
their  assigns,  in  like  manner  and  to  like  amount  as  if  such 
money  had  been  furnished  by  a  party  or  parties  hereto. 

The  undersigned  further  agree,  each  for  himself,  and  not 
one  for  the  other,  to  furnish  his  quota  of  the  money  neces- 
sary to  defray  the  expenses  and  charges  incurred  in  said  sale, 
and  attendant  upon  the  issue  of  stock,  and  the  full  carrying 
out  of  the  arrangements  herein  proposed. 

8 


92 


APPOINTMENT  OF  DIRECTORS. 


In  testimony  whereof,  witness  the  signatures  of  the  under- 
signed, this  31st  day  of  January,  1855. 

"Witnesses.  Signatures  of  Holders.          No.  of  Bonds.      Ain'ts. 

J.  W.  Currier,    Bradley  &  Co., 243  243,000 

Do.  Woodbury  Bank,  by  Daniel 

Curtis,  Pres't, 60  60,000 

J.  R.  Young,      Bichard  Pitts,  Boston,  by  J. 

W.  Currier,  Att'y, 18  18,000 

Do.  Adolphus  Davis,  by  "W.  "W. 

Alty, 1  1,000 

Do.  Allen  &  Anderson,  by  Ward, 

Brothers  &  Co., 42  42,000 

Do.  ,F.  S.    Corwitb,    by  Ward, 

Brothers  &  Co., 18  18,000 

J.  "W.  Currier,    B.J.Walker, 106  106,000 

J.  B.  Doe,          A.  Hyatt  Smith, 30  30,000 

J.  W.  Currier,    J.  Bod  well  Doe, 2  2,000 

Do.            J.W.Hull, 8  8,000 

Do.  Waterbury  Bank,  by  J.   P. 

Elton,  Pres't, 9  9,000 

Do.  Orange  Bank,  N.  J.,  by  W. 

H.  Vermilye,  Cash'r, 20  20,000 

Do.  American      Car.      Co.,     T. 

D wight,  Pres't, 25  25,000 

Do.            Baymond  &  Fullerton, 15  15,000 

Talcott&Co., 3  3,000 

Total, 600  $600,000 


APPOINTMENT  OF  DIRECTORS  OF  THE  ROCK  RIVER  VALLEY  UNION 
RAIL-ROAD  COMPANY  BY  PURCHASERS. 

Whereas  the  undersigned,  as  agents  for  the  bondholders 
of  the  Rock  River  Yalley  Union  Rail-Road  have,  at  public 
sale,  at  Janesville,  on  the  24th  March,  1855,  purchased  the 
said  Rock  River  Yalley  Union  Rail-Road,  together  with  all 
property  and  effects,  real,  personal  or  mixed : 

And  whereas,  by  a  recent  act  of  the  legislature  of  the  State 


APPOINTMENT   OF  DIEECTOES.  9o 

of  Wisconsin,  the  said  purchasers  are  authorized  and  empow- 
ered to  continue  the  present  (viz.,  at  the  date  of  the  passage 
of  said  act)  board  of  directors  of  the  said  Rock  River  Yalley 
Union  Rail-Road  Company  in  office  as  directors,  and  to 
confer  on  them  the  power  to  control,  and  manage  the  said 
rail-road  property  and  effects  purchased  at  said  sale,  and  to 
exercise  the  franchise  of  said  rail-road  as  granted  by  charter : 
Now,  therefore,  we,  the  undersigned  purchasers,  (as  agents 
as  aforesaid,)  in  so  far  as  the  power  so  to  do  is  conferred  on  us 
by  law,  do  hereby  authorize  the  said  board  of  directors,  viz., 

WM.  B.  OGDEN,  of  Chicago, 

HENRY  SMITH,  do. 

DANIEL  BEAINARD,  do. 

CHAELES  BUTLER,  of  New-York. 

J.  "VV.  HICKOK,  of  Burlington,  Yt. 

WM.  JAEVIS,  of  Middletown,  Ct. 

JOHN  WOOSTEE,  of  Boston, 

J.  B.  DOE,  of  Janesville,    Wis., 

J.  A.  WOOD,  do.  do. 

L.  P.  HAEVEY,  of  Shopiere,         do. 

MLLO  JONES,  of  Ft.  Atkinson,  do. 

ALONZO  WING,  of  Jefferson,        do. 

D.  LOVEJOY,  of  Cooktown,      do. 

A.  G.  BUTLEE,  of  Fond  du  Lac,  do. 

GEORGE  P.  DELAPLAINE,  of  Madison,         do. 

to  control  and  manage  the  said  rail-road  property  and  fran- 
chises purchased  by  us  at  said  public  sale,  and  to  exercise 
severally  and  jointly  the  office  and  all  the  power  of  directors 
in  respect  to  the  said  rail-road  property  and  franchise  so  by  us 
purchased  at  said  sale,  in  as  full  a  manner  as  the  said  board 
of  directors  have  heretofore  been  authorized  by  charter  seve- 
rally and  jointly  to  exercise  the  office  and  powers  of  directors 
of  the  said  Rock  River  Valley  Union  Rail-Road  Company. 
In  testimony  of  the  above,  we  have  hereto  affixed  our 
hands  and  seals,  this  24th  day  of  March,  A.  D.,  1855. 

(Signed,)  W.  B.  OGDEN,         [L.  s.] 

"  JOHN  H.  HICKS,       [L.  s.] 

"  C.  C.  WALDEN.        [L.  s.] 


94  CERTIFICATE   OF   CONSOLIDATION. 

WE  HEREBY  CERTIFY,  that  the  ILLINOIS  AND  WISCONSIN  RAIL- 
ROAD COMPANY  of  the  State  of  Illinois,  and  the  ROCK  RIVER 
YALLEY  UNION  RAIL-ROAD  COMPANY,  of  the  State  of  Wiscon- 
sin, have  been  consolidated  together  into  one  company  and 
corporation,  under  the  name  of  THE  CHICAGO,  ST.  PAUL  AND 
FOND  DU  LAO  RAIL-ROAD  COMPANY,  pursuant  to  the  laws  of 
the  said  States  of  Illinois  and  Wisconsin. 
New-York,  April  30th,  1855. 

W.  B.  OGDEN, 
President  of  the  Chicago,  St.  Paul  anol  Fond  du  Lac 

Rail-Road  Company. 
Attest, 
[L.  s.]  J.  W.  CURRIER, 

Secretary  Chicago,  St.  Paul  and  Fond 
du  Lac  R.  R.  Co. 

State,  City  and  County  of  New-  York,  ss. : — On  this  28th 
day  of  June,  1855,  before  me,  a  notary  public  and  commis- 
sioner of  deeds,  in  and  for  said  state  and  county,  and  a  com- 
missioner appointed  by  the  Governor  of  Wisconsin  to  take 
testimony,  acknowledgments,  &c.,  for  Wisconsin,  personally 
appeared  William  B.  Ogden,  to  me  personally  known  to  be 
the  same  person  described  in  and  who  executed  the  forego- 
ing instrument,  who  being  by  me  duly  sworn,  said,  that  he 
resides  at  Chicago,  Illinois ;  that  he  is  the  president  of  the 
Chicago,  St.  Paul  and  Fond  du  Lac  Rail-Road  Company ; 
that  the  seal  affixed  to  the  foregoing  instrument  is  the  common 
seal  of  the  said  company,  and  was  affixed  thereto  by  their 
authority  ;  and  that  he  as  president,  and  Joseph  W.  Currier 
as  secretary  of  said  company,  subscribed  their  names  thereto 
by  the  like  authority  ;  and  that  said  Currier  is  the  secretary  of 
said  company.  It  is  executed  and  proved  in  due  form  of  law. 
Witness  my  hand  and  seals  of  office,  as  such  notary  and 
commissioner. 

[L.  s.]  JOHN  BISSELL, 

Notary  Public  and  Commissioner  of  Deeds. 

[L.  s.]  JOHN  BISSELL, 

Commissioner  for  Wisconsin. 


AUTHORITY   TO   TRUSTEE.  95 

AUTHORITY  TO  TRUSTEE  TO  CONVEY  THE  ROCK  RIVER  VALLEY 
UNIOX  RAIL-ROAD  TO  THE  CHICAGO,  ST.  PAUL  AND  FOND  DU  LAC 
RAIL-ROAD  COMPANY. 

New-  York,  July  1th,  1855. 
WM.  ALLEN  BUTLEK,  Esq.,  Trustee  : 

Sir, — Whereas  under  laws  enacted  for  that  purpose  by  the 
legislatures  of  the  States  of  Illinois  and  Wisconsin,  all  the 
rail-road  property,  franchises  and  appurtenances  of  the  Rock 
River  Valley  Union  Rail-Road  Company  which  were  em- 
braced in  the  mortgage  executed  by  said  company  to  R.  J. 
Walker,  trustee,  under  date  of  Sept.  9th,  1851,  have  been 
consolidated  with  the  Illinois  and  Wisconsin  Rail-Road  Com- 
pany into  one  corporation,  under  the  name  and  style  of  the 
Chicago,  St.  Paul  and  Fond  du  Lac  Rail-Road  Company,  by 
contract  of  the  respective  boards  of  directors  of  said  compa- 
nies, duly  authorized  by  the  consent  of  a  majority  of  the 
stockholders  of  both  said  companies  ;  and  whereas  further,  the 
holders  (bona  fide)  of  a  large  majority  of  the  bonds  of  the 
said  Rock  River  Yalley  Union  Rail-Road  Company,  secured 
by  the  aforesaid  mortgage  to  R.  J.  Walker,  trustee,  have, 
since  the  sale  of  the  property  embraced  in  the  said  mortgage 
by  yourself,  as  trustee,  at  Janesville,  Wisconsin,  on  the  24th 
March,  1855,  in  writing,  approved,  ratified  and  confirmed 
the  aforesaid  consolidation,  and  have,  in  anticipation  of  the 
transfer  of  the  said  mortgaged  premises  to  the  said  consoli- 
dated corporation,  exchanged  their  bonds  for  shares  of  the 
capital  stock  of  the  said  new  corporation  : 

And  whereas  it  is  provided  in  the  said  articles  of  consoli- 
dation, that  stock  of  the  consolidated  company  shall  be  issued 
to  all  the  bona  fide  bondholders  and  just  creditors  of  said 
Rock  River  Valley  Union  Rail-Road  Company,  (who  were 
such  at  the  time  of  said  sale,)  for  such  amount  as  shall  be 
certified  by  us,  or  a  majority  of  us  to  be  justly  their  due  : 

And  whereas  a  majority  in  amount  of  the  Itonafide  credi- 
tors of  the  said  Rock  River  Valley  Union  Rail-Road  Com- 
pany, (so  far  as  known  or  believed  to  exist,)  as  well  as  a 


96  TRUSTEE'S  DEED. 

majority  of  the  bondholders  of  said  company,  Lave  already 
accepted,  in  discharge  of  their  claims  against  said  company, 
shares  of  the  capital  stock  of  the  said  new  corporation,  now, 
therefore,  in  consideration  of  the  premises  aforesaid,  we  do 
hereby  request  you  to  convey  to  the  said  Chicago,  St.  Paul 
and  Fond  du  Lac  Rail-Road  Company,  all  the  rail-road  pro- 
perty, appurtenances  and  franchises  of  the  said  Rock  River 
Valley  Union  Rail-Road  Company,  purchased  by  us  as  agents 
of  you,  as  trustee,  at  Janesville,  Wisconsin,  on  the  24th 
March  last,  at  the  public  sale  under  the  mortgage  aforesaid, 
such  conveyance  being  in  accordance  with  the  object  and 
interest  of  those  we  represented,  and  of  all  the  bona  fide 
bondholders  and  creditors  of  the  said  Rock  River  Yalley 
Union  Rail-Road  Company,  and  necessary  for  their  pro- 
tection. 

Tours  respectfully, 

(Signed,)  "W.  B.  OGDEN,    ) 

T         tr    TT          f    Agents  for 
JOHN  H.  HICKS,  V  B»ndholJders. 

«  C.  C.  WALDEN,   ) 


TRUSTEE'S  DEED  TO  THE  CHICAGO,  ST.  PAUL  AND  FOND  DU  LAC 
RAIL-ROAD  COMPANY. 

THIS  INDENTURE,  made  this  twenty-seventh  day  of  July, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-five,  between  "William  Allen  Butler,  of  the  City  of 
New-York,  in  the  State  of  New  York,  counsellor  at  law, 
party  of  the  first  part,  and  The  Chicago,  St.  Paul  and~ 
Fond  du  Lac  Rail-Road  Company,  a  corporation  existing 
under  and  by  virtue  of  the  laws  of  the  States  of  Wisconsin 
and  Illinois,  parties  of  the  second  part,  witnesseth,  that 
•whereas  the  Rock  River  Yalley  Union  Rail-Road  Company, 
a  corporation  heretofore  created  and  existing  in  the  said  State 
of  Wisconsin,  under  and  by  virtue  of  an  act  of  the  Senate 
and  Assembly  of  said  State  of  Wisconsin,  entitled  "An  act 
to  incorporate  the  Madison  and  Beloit  Rail-Road  Company," 
approved  by  the  governor  of  said  State  of  Wisconsin,  on  the 


TRUSTEE'S   DEED.  97 

nineteenth  day  of  August,  A.  D.,  1848 ;  and  also  by  virtue 
of  another  act  of  said  Senate  and  Assembly,  entitled  "  An 
act  to  amend  an  act,  entitled  an  act  to  incorporate  the 
Madison  and  Beloit  Rail-Road  Company,"  approved  by  the 
said  governor  on  the  ninth  day  of  February,  A.  D.,  1850  ; 
and  also  by  virtue  of  another  act  of  said  Senate  and  Assem- 
bly, entitled  "  An  act  to  amend  the  charter  of  the  Rock 
River  Yalley  Union  Rail-Road  Company,"  approved  by  said 
governor  on  the  eleventh  day  of  March,  A.  D.,  1851,  did 
on  or  about  the  ninth  day  of  September,  A.  D.,  1851,  cause 
to  be  made  and  executed  and  delivered  to  Robert  J.  Walker, 
then  of  the  City  of  Washington  and  District  of  Columbia,  its 
indenture  of  mortgage  bearing  date  on  said  ninth  day  of 
September,  whereby  said  Rock  River  Yalley  Union  Rail- 
Road  Company  granted,  bargained,  sold,  aliened,  enfeoffed 
and  confirmed  to  the  said  Robert  J.  Walker,  and  to  his  suc- 
cessors and  assigns  for  ever,  all  that  part  of  the  line  of  the 
rail-road  of  the  said  Rock  River  Yalley  Union  Rail-Road 
Company,  from  Fond  du  Lac,  on  the  Lake  Winnebago,  in  the 
State  of  Wisconsin,  through  Watertown,  Jefferson,  Fort  At- 
kinson and  Janesville  to  the  southern  boundary  of  the  State 
of  Wisconsin,  at  the  point  of  junction  of  the  said  Rock  River 
Yalley  Union  Rail-Road  with  the  Illinois  and  Wisconsin 
Rail-Road,  together  with  all  and  singular  the  appurtenances, 
hereditaments,  franchises,  property,  right  of  way,  road,  iron 
rails,  turn-outs,  spikes,  chairs,  engines,  tenders,  cars,  rolling- 
stock  and  equipments,  depots,  station-houses,  machine-shops 
and  all  the  other  property,  movable  and  immovable,  at- 
tached to  or  in  any  way  connected  with  the  said  part  of  said 
road  above  designated.  To  have  and  to  hold  the  same,  and 
every  part  thereof,  whether  movable  or  immovable,  real, 
personal  or  mixed,  to  the  said  Robert  J.  Walker,  his  succes- 
sors and  assigns  for  ever,  upon  the  following  trusts,  to  wit : 
To  have  and  to  hold  the  same  as  security  for  the  payment  to 
the  holders  of  one  thousand  two  hundred  (1,200)  bonds,  num- 
bered from  one  to  one  thousand  two  hundred  inclusive,  or 
such  lower  number  as  might  make  said  bonds  only  equiva- 
lent in  amount  to  one-halt'  the  cost  of  said  road  and  property 


y«  TRUSTEE  S   DEED. 

before  referred  to,  and  never  to  exceed  one-half  of  said  cost ; 
and  also  never  to  exceed  one  thousand  two  hundred  bonds,  of 
one  thousand  dollars  each,  dated  on  the  ninth  day  of  Sep- 
tember, A.  D.,  1851,  and  payable  to  the  bearer  on  the  first 
day  of  January,  A.  D.,  1872,  with  seven  per  cent,  interest 
thereon  from  the  first  day  of  January,  A.  IX,  1852,  payable 
semi-annually,  on  the  first  day  of  each  July  and  January 
thereafter,  until  the  principal  sum  should  be  paid,  on  the 
presentation  of  the  interest  warrants. 

And  in  case  the  said  Rock  River  Yalley  Union  Rail-Road 
Company  should  fail  to  make  the  said  payments  of  principal 
and  interest  at  the  time  or  times  when  the  same  should  seve- 
rally become  due,  then  the  said  Robert  J.  Walker  might,  in 
default  of  the  payment  of  said  principal  and  interest,  sell  and 
dispose  of  the  said  road  and  other  property  named  and  de- 
scribed in  said  indenture  of  mortgage,  to  the  best  advantage 
of  the  said  Rock  River  Yalley  Union  Rail-Road  Company ; 
and  the  said  holders  of  said  bonds,  on  such  public  notice,  by 
advertisement  in  some  newspaper  printed  in  said  State  of 
Wisconsin,  for  a  period  of  sixty  days,  as  the  said  Robert  J. 
Walker  should  select ;  and  that  out  of  the  proceeds  of  said 
sale,  said  Robert  J.  Walker  should  pay  off  said  bonds,  as  far 
as  practicable,  and  pay  the  surplus  arising  from  such  sale,  if 
any  there  should  be,  to  the  said  Rock  River  Valley  Union 
Rail-Road  Company. 

And  whereas  it  was  further  agreed  and  provided  in  and 
by  said  indenture  of  mortgage,  that  in  case  default  should  be 
made  at  any  time  in  the  payment  of  the  interest  of  said 
bonds,  for  ninety  days  after  the  same  should  become  due, 
then  the  holders  of  said  bonds,  or  any  of  them,  might,  at  their 
option,  declare  the  whole  of  the  principal  therein  named  due 
and  payable  on  demand ;  and  such  proceeding  might  there- 
upon be  had,  as  though  the  whole  time  mentioned  in  said 
bond  had  expired  or  terminated.  And  whereas  it  was  further 
agreed  and  provided,  in  and  by  said  indenture  of  mortgage, 
that  a  majority  in  interest  of  the  holders  of  the  said  bonds, 
might  at  any  time  by  written  agreement,  constitute  and  ap- 
point any  other  person  as  trustee  in  place  of  said  Robert  J. 


TRUSTEE'S  DEED.  99 

"Walker,  in  which  case  said  grant  should  operate  in  favor  of 
said  person,  to  the  same  extent  as  said  indenture  of  mortgage 
operated  in  favor  of  said  Robert  J.  Walker ;  and  the  said 
person  thus  named  bj  a  majority  of  the  bondholders  as  afore- 
said, should  possess  all  the  powers,  rights,  privileges  and 
estate  vested  by  said  instrument  in  the  said  Robert  J. 
Walker,  and  should  become  his  successor  to  all  intents 
and  purposes  whatsoever.  And  whereas  said  Rock  River 
Yalley  Union  Rail-Road  Company  did,  after  the  execution 
and  delivery  of  said  indenture  of  mortgage,  proceed  to 
issue  and  sell  the  bonds  provided  for  and  described  in 
said  instrument,  to  the  amount  of  four  hundred  and  up- 
wards of  said  bonds :  And  whereas,  after  the  issuing 
and  sale  of  said  bonds  by  said  company,  default  for  upwards 
of  ninety  days  was  made  by  said  company  in  the  payment  of 
the  interest  which  became  due  on  the  first  day  of  July,  A.  D., 

1854,  upon  said  bonds  so  issued  and  held  against  said  com- 
pany :    And  whereas,  after  said  defaults  being  made  as  afore- 
said by  said  Rock  River  Yalley  Union  Rail-Road  Company 
in  the  payment  of  said  interest,  the  holders  of  said  bonds  so 
issued  by  said  company  and  described  in  said  indenture  of 
mortgage,  and  upon  which  default  had  been  made  in  the  pay- 
ment of  the  interest  due  thereon  as  aforesaid,  did  declare  the 
whole  principal  named  in  said  bonds  due  and  payable  on 
demand  :  And  whereas,  after  the  said  default  in  the  payment 
of  said  interest,  and  after  the  whole  principal  sum  contained 
in  said  bonds  had  been  declared  due,  said  Robert  J.  Walker, 
pursuant  to  the  power  and  authority  in  him  vested,  under  and 
by  virtue  of  said  indenture  of  mortgage,  proceeded  to  adver- 
tise all  and  singular  the  property  described  in  and  conveyed 
to  him  by  said  indenture  of  mortgage,  to  be  sold  at  public 
auction,  at  the  court-house,  in  the  city  of  Janesville,  in  the 
State  of  Wisconsin,  on  the  twenty-fourth  day  of  March,  A.  D., 

1855,  between  the  hours  of  nine  and  twelve  o'clock  in  the 
forenoon  of  said  day ;  which  said  advertisement  was  in  the 
words  and  figures  following,  to  wit,  and  which  said  adver- 
tisement was  published  for  a  space  of  upwards  of  sixty  days 
immediately  preceding  said  day  fixed  for  said  sale,  in  the 


CHICAGO 

100  T^SS 

SOCIETY 

"  Democratic  Standard1"  and  "  Junes vJlle  Gazette,"  two  pub- 
lic newspapers  published  in  the  city  of  Janesville,  in  said 
State  of  Wisconsin  :  And  whereas,  after  the  publication  of 
said  advertisement,  but  before  the  time  fixed  for  said  sale,  a 
majority  in  interest  of  the  holders  of  said  bonds,  by  their 
written  agreement,  constituted  and  appointed  the  said  Wil- 
liam Allen  Butler,  the  party  of  the  first  part  to  this  instru- 
ment, as  trustee  in  said  indenture  of  mortgage,  in  the  place 
of  said  Robert  J.  Walker,  and  the  said  William  Allen  Butler 
accepted  the  said  trust :  And  whereas,  on  the  said  twenty - 
fourth  day  of  March,  A.  D.,  1855,  at  the  court-house,  in  said 
city  of  Janesville,  between  the  said  hours  of  nine  and  twelve 
in  the  forenoon,  said  William  Allen  Butler,  in  his  capacity  of 
trustee  in  said  indenture  of  mortgage,  under  and  by  virtue  of 
said  appointment,  did,  in  the  presence  of  the  said  Robert  J. 
Walker,  and  with  his  full  assent,  approbation  and  con- 
currence, then  and  there  by  him  publicly  expressed  and  de- 
clared, proceed  to  offer  for  sale  at  public  auction  all  and 
singular  the  said  property  and  franchises  of  the  said  Rock 
River  Yalley  Union  Rail-Road  Company,  embraced  and 
described  in  said  indenture  of  mortgage ;  and  at  said  sale, 
William  B.  Ogden,  John  H.  Hicks  and  Charles  C.  Walden, 
as  agents  for  the  holders  of  said  bonds  to  the  number  of  nine 
hundred  and  eighty,  (the  said  Ogden  and  Hicks  being  agents 
for  the  holders  of  said  bonds  to  the  number  of  six  hundred 
and  twenty-three,  and  the  said  Ogden,  Hicks  and  Walden 
being  agents  for  other  holders  of  said  bonds  to  the  number  of 
three  hundred  and  fifty-seven,)  bid  for  the  whole  of  said 
property  and  franchises  so  offered  for  sale  the  sum  of  twenty 
thousand  (20,000)  dollars,  which  sum  being  the  highest  and 
best  bid  for  said  property  and  franchises,  and  they  being  the 
highest  bidders  therefor,  the  same  were  then  and  there  struck 
off  and  sold  to  the  said  Ogden,  Hicks  and  Walden,  as  agents 
as  aforesaid :  And  whereas,  the  instruments  executed  by  the 
said  bondholders,  whereby  the  said  William  B.  Ogden,  John 
H.  Hicks  and  Charles  C.  Walden  were  so  as  aforesaid 
appointed  such  agents  of  said  bondholders,  expressly  con- 
templated as  one  of  the  consequences  of  the  sale  of  the  said 


TRUSTEE'S  DEED.  101 

rail-road  property  and  franchises,  under  said  mortgage,  and 
provided  for  the  conversion  of  the  said  bonds  into  stock  of  the 
said  corporation,  or  of  a  new  organization,  should  one  there- 
after be  formed  :  And  whereas,  in  and  by  an  act  of  the 
legislature  of  the  State  of  Wisconsin,  entitled  "  An  act  to  au- 
thorize the  rail-road  companies  therein  named  to  consolidate 
their  capital  stock,"  approved  on  the  tenth  day  of  March, 
1855,  and  which  said  act  took  effect  on  said  last  mentioned 
day,  the  said  Rock  River  Valley  Union  Rail-Road  Company 
and  the  Illinois  and  Wisconsin  Rail-Road  Company,  in  the 
State  of  Illinois,  were  authorized  and  empowered  to  consoli- 
date the  capital  stock  of  the  said  two  companies,  and  to  make 
the  said  two  companies  one,  in  the  manner  provided  in  said 
act :  And  whereas  it  was  in  and  by  the  said  last  mentioned 
act,  among  other  things,  provided,  that  the  board  of  directors 
of  the  said  two  companies  respectively  might  complete  the 
said  consolidation  by  contract,  and  that  in  the  event  of  the 
sale  of  the  railway,  depot  grounds,  franchises  and  property  of 
the  said  Rock  River  Yalley  Union  Rail-Road  Company, 
under  any  mortgage  in  existence  at  the  time  the  said  act  took 
effect,  and  being  an  encumbrance  thereon,  the  same  rights, 
franchises  and  immunities  should  accrue,  enure  and  pass  to 
the  purchasers  and  their  associates  under  said  sale,  that  were 
granted  to  the  said  company  under  the  laws  of  the  said  State 
of  Wisconsin,  and  that  the  said  consolidation  might  be  made 
as  well  after  said  sale  as  before,  and  that  the  board  of 
directors  of  the  said  company,  with  the  consent  of  the  said 
purchasers,  might  remain  and  direct  the  affairs  and  control 
the  property  of  the  said  company  after  the  said  sale,  until  the 
time  fixed  by  law  for  the  next  election  of  directors,  or  until 
the  consolidation  should  take  place,  the  same  as  though  the 
said  sale  had  not  been  made.  And  whereas,  under  and  in 
pursuance  of  the  said  last  mentioned  act,  the  said  William  B. 
Ogden,  John  H.  Hicks  and  Charles  C.  Walden  did,  after  the 
said  sale,  and  on  the  twenty-fourth  day  of  March,  1855,  by 
instrument  in  writing,  under  their  hands  and  seals,  duly 
executed  and  delivered,  authorize  the  board  of  directors  of  the 
said  Rock  River  Yalley  Union  Rail-Road  Company  to  remain 


102 


TRUSTEE  S   DEED. 


and  direct  the  affairs  and  control  the  property  of  the  said 
company,  and  to  exercise  severally  and  jointly  the  office  and 
all  the  powers  of  directors  IH  respect  to  the  said  Rock  River 
Yalley  Union  Rail-Road  Company,  property  and  franchises, 
so  by  them  purchased  at  said  sale,  in  as  full  manner  as  the 
said  board  of  directors  had  theretofore  been  authorized  by 
charter,  severally  and  jointly,  to  exercise  the  office  and  powers 
of  directors  of  the  said  company  :  And  whereas  afterwards, 
the  said  board  of  directors,  under  and  in  pursuance  of  the 
said  last  mentioned  consent  and  authority,  and  under  and  in 
pursuance  of  the  said  last  mentioned  act  of  the  legislature 
of  the  State  of  Wisconsin,  and  in  the  manner  therein  pre- 
scribed, did,  with  the  board  of  directors  of  the  said  Illinois 
and  "Wisconsin  Rail-Road  Company,  on  the  31st  day  of 
March,  1855,  complete  the  said  consolidation  by  contract  and 
articles  of  consolidation,  duly  made  and  entered  into  by  the 
said  two  companies  respectively ;  whereby,  and  by  virtue 
whereof,  and  of  the  said  act  of  the  legislature  of  the  State  of 
Wisconsin,  the  said  two  companies  have  become  one  com- 
pany, under  the  name  of  The  Chicago,  St.  Paul  and  Fond  du 
Lac  Rail-Road  Company :  And  whereas  in  and  by  the  said 
articles  of  consolidation  it  is,  among  other  things,  expressly 
provided,  that  all  the  bonds  which  had  theretofore  been  pro- 
perly and  justly  issued  by  the  said  Rock  River  Yalley  Union 
Rail-Road  Company,  and  also  all  just  and  lona  fide  debts 
which  were  owing  by  said  company,  might  be  converted  into 
the  stock  of  said  consolidated  Chicago,  St.  Paul  and  Fond  du 
Lac  Rail-Road  Company,  upon  the  holder  or  holders  surren- 
dering to  the  proper  officer  of  said  Chicago,  St.  Paul  and  Fond 
du  Lac  Rail-Road  Company  a  full  receipt  and  acquittance 
for  the  said  bonds  or  indebtedness  so  converted  into  stock  ;  pro- 
vided, that  no  debts  or  bonds  of  said  Rock  River  Yalley 
Union  Rail-Road  Company  should  be  converted  into  stock 
as  aforesaid,  until  the  same  should  have  been  approved  in 
writing  by  the  said  William  B.  Ogden,  John  H.  Hicks  and 
Charles  C.  Walden,  or  a  majority  of  them  :  And  whereas 
copies  of  the  said  articles  of  consolidation  have  been  duly 
filed  in  the  office  of  the  Secretary  of  State  of  the  States  of 


TRUSTEE'S  DEED.  103 

Wisconsin  and  Illinois,  as  required  by  the  said  act  of  the 
legislature  of  the  State  of  Wisconsin,  and  all  the  acts  and 
things  required  in  and  by  the  said  act  to  be  done  and  per- 
formed in  and  about  the  said  consolidation,  and  in  order  to 
complete  the  same,  have  been  done  and  performed  :  And 
whereas,  by  means  of  the  premises  aforesaid,  the  said  Chi- 
cago, St.  Paul  and  Fond  du  Lac  Rail- Road  Company,  the 
parties  of  the  second  part  hereto,  subject  to  the  provision 
aforesaid,  for  the  issuing  of  its  stock  to  the  bondholders  and 
creditors  of  said  Rock  River  Valley  Union  Rail-Road  Com- 
pany, and  to  all  the  rights  of  the  said  bondholders,  and 
creditors  resulting  therefrom,  have  become  actually  possessed 
of  and  entitled  to  the  rail-road  property  and  franchises  so 
struck  off,  and  sold  by  the  said  William  Allen  Butler,  the 
party  of  the  first  part  hereto,  as  trustee  as  aforesaid,  to  the 
said  William  B.  Ogden,  John  H.  Hicks  and  Charles  C. 
Walden,  as  agents  as  aforesaid,  and  are  entitled  to  have  the 
same,  subject  as  aforesaid,  conveyed  to  them,  the  said  parties 
of  the  second  part,  by  the  said  party  of  the  first  part,  in  the 
same  manner  and  with  like  effect  as  the  said  Ogden,  Hicks 
and  Walden  would  otherwise  have  been  entitled  to  have  the 
same  conveyed  to  them,  had  not  the  said  consolidation,  in 
manner  and  form  aforesaid,  been  agreed  on  and  consummated  : 
Now,  therefore,  in  consideration  of  the  premises,  and  of  the 
said  sum  of  twenty  thousand  (20,000)  dollars,  to  him  in  hand 
paid  by  said  parties  of  the  second  part,  the  said  party  of  the 
first  part  doth  hereby  grant,  bargain,  sell,  assign,  transfer,  alien 
and  confirm  unto  said  parties  of  the  second  part,  and  their 
successors  and  assigns  forever,  all  the  property  and  franchises 
of  every  name  and  nature  described  and  embraced  in  said  in- 
denture of  mortgage,  to  wit:  All  that  part  of  the  line  of  the 
rail-road  of  said  Rock  River  Yalley  Union  Rail-Road  Com- 
pany, from  Fond  du  Lac,  on  Lake  Winnebago,  in  the  State  of 
Wisconsin,  through  Watertown,  Jefferson,  Fort  Atkinson  and 
Janesville,  to  the  southern  boundary  of  the  State  of  Wiscon- 
sin, at  the  point  of  junction  of  the  said  Rock  River  Yalley 
Union  Rail-Road  with  the  Illinois  and  Wisconsin  Rail-Road, 
together  with  all  and  singular  the  appurtenances,  heredita- 


TRUSTEES  DEED. 

raents,  franchises,  property,  right  of  way,  road,  iron  rails, 
turn-outs,  spikes,  chairs,  engines,  tenders,  cars,  rolling  stock 
and  equipments,  depots,  station-houses,  machine  shops,  and 
all  the  property,  movable  and  immovable,  of  said  company, 
attached  to  or  in  any  way  connected  with  said  part  of  the  said 
road  above  designated,  to  have  and  to  hold  the  same  and 
every  part  thereof,  whether  movable,  immovable,  real,  perso- 
nal or  mixed,  to  the  said  party  of  the  second  part,  their  suc- 
cessors and  assigns  for  ever,  subject,  however,  to  the  provision  in 
the  aforesaid  articles  of  consolidation  contained  for  the  issuing 
of  the  stock  of  said  Chicago,  St.  Paul  and  Fond  du  Lac  Rail- 
Road  Company,  the  said  parties  of  the  second  part,  to  the 
bondholders  and  creditors  of  the  said  Hock  River  Yalley 
Union  Rail-Road  Company,  hereinbefore  recited,  and  to  all 
the  rights  of  the  said  bondholders  and  creditors  therefrom 
resulting,  as  fully  and  completely  as  said  party  of  the  first 
part,  by  virtue  of  said  indenture  of  mortgage,  and  by  virtue  of 
his  said  appointment  as  trustee  aforesaid,  can  sell  and  convey 
the  said  property,  effects  and  franchises,  and  not  otherwise. 

In  witness  whereof,  said  party  of  the  first  part  hath  here- 
unto affixed  his  hand  and  seal,  the  day  and  year  aforesaid. 

WILLIAM  ALLEN  BUTLEK.         [L.  s.] 

Signed,  sealed  and  delivered  ) 
in  presence  of  f 

J.   W.    CUEKIEE, 

S.  H.  FLEETWOOD. 

City,  County  and  Slate  of  New-  York,  "ss  : — Be  it  remem- 
bered, that  on  this  twenty-seventh  day  of  July,  A.  D.,  1855, 
before  me,  a  commissioner  in  and  for  said  State,  appointed 
by  the  Governor  of  the  State  of  Wisconsin  to  take  acknowl- 
edgments of  deeds  or  other  conveyances,  or  leases,  and  of  any 
contract,  letter  of  attorney  or  other  writing,  under  seal  or 
not,  administer  oaths  and  take  and  certify  depositions  to  be 
used  or  recorded  in  the  said  State  of  Wisconsin,  appeared 
William  Allen  Butler,  to  me  personally  known,  who  acknowl- 


TRUSTEE'S  DEED.  105 

edged  having  executed  the  foregoing  instrument  freely,  for 
the  purpose  therein  stated. 

Given  under  my  hand  and  official  seal,  this  27th  day 
[L.  s.]    of  July,  A.  D.,  1855. 

J.  "W.  CURRIER, 
Commissioner  for  Wisconsin. 


"Whereas  WILLIAM  B.  OGDEN,  JOHN  H.  HICKS  and  CHARLES 
C.  WALDEN  were  heretofore  appointed  agents  of  sundry 
bondholders  of  the  Rock  River  Valley  Union  Rail-Road 
Company,  with  authority  to  purchase  said  road  at  a  sale 
thereof,  at  Janesville,  Wisconsin,  on  the  24th  day  of  March, 
A.  D.  1855,  under  the  mortgage  executed  to  R.  J.  WALKER, 
trustee,  and  his  successors,  September  9th,  1851,  and  did 
purchase  at  said  sale  the  aforesaid  road  :  And  whereas 
further,  William  Allen  Butler,  successor  to  said  R.  J.  Walker, 
in  said  trust,  has,  at  our  request,  since  the  said  sale,  con- 
veyed the  said  road  and  appurtenances,  so  purchased  by  us, 
as  agents  as  aforesaid,  to  the  Chicago,  St.  Paul  and  Fond  du 
Lac  Rail-Road  Company,  subject,  as  therein  provided,  to 
certain  conditions  as  to  the  issue  of  stock,  to  the  stock- 
holders, bondholders  and  bona  fide  creditors  of  the  Rock 
River  Yalley  Union  Rail-Road  Company,  as  contained  in 
the  articles  of  consolidation  of  the  said  last  named  com- 
pany with  the  Illinois  and  Wisconsin  Rail-Road  Company, 
constituting  the  said  Chicago,  St.  Paul  and  Fond  du  Lac 
Rail- Road  Company  : 

Now,  therefore,  we,  the  undersigned,  William  B.  Ogden, 
John  H.  Hicks  and  Charles  C.  Walden,  in  consideration  of 
the  premises,  and  of  the  sum  of  one  dollar  to  us  in  hand 
paid  by  the  said  The  Chicago,  St.  Paul  and  Fond  du  Lac 
Rail-Road  Company,  do  hereby  ratify,  confirm  and  approve 
of  the  aforesaid  conveyance,  executed  by  the  said  William 
Allen  Butler  to  the  said  consolidated  company  above 
named  ;  and  \ve  do  hereby,  each  for  himself,  release,  quit- 
claim, assign,  transfer  and  convey  to  the  Chicago,  St.  Paul 


106  TRUSTEE'S  DEED. 

and  Fond  du  Lac  Kail-Koad  Company,  and  their  successors 
and  assigns  for  ever,  all  and  singular,  our  right,  title  and  in- 
terest at  law  or  in  equity,  in  and  to  the  said  Kock  River 
Valley  Union  Rail-Road,  or  its  appurtenances,  and  every  part 
thereof,  so  purchased  by  us  on  the  twenty-fourth  clay  of 
March,  1855 ;  and  we  do  hereby  ratify  and  approve  of  the 
consolidation  of  the  said  Rock  River  <  Valley  Union  Rail- 
Road  Company  with  the  Illinois  and  Wisconsin  Rail-Road 
Company,  in  as  full  and  ample  a  manner  as  we  might  or 
could  do ;  and  the  said  Robert  J.  Walker,  former  trustee, 
hereby  assents  to  and  approves  of  all  and  singular  said  pro- 
ceedings by  the  execution  of  these  presents. 

In  witness  whereof,  all  the  parties  hereto  have  subscribed 
their  hands  and  seals,  this  twenty-ninth  day  of  August,  in  the 
year  1855. 

W.  B.  OGDEN,  [SEAL.] 

JOHN  H.  HICKS,          [SEAL.] 
C.  C.  WALDEN,  [SEAL.] 

R.  J.  WALKER.  [SEAL.] 

Sealed  and  delivered  in  presence  of 

J.  W.  CURRIER. 

City,  County  and  State  of  New- York,  ss  : — Be  it  remem- 
bered, that  on  this  twenty-ninth  day  of  August,  1855,  before 
me,  a  commissioner  in  and  for  said  State,  appointed  by  the 
Governor  of  the  State  of  Wisconsin  to  take  the  acknowledg- 
ments and  proof  of  the  execution  of  deeds  or  other  convey- 
ances or  leases,  and  of  any  contract,  letter  of  attorney  or 
other  writing,  under  seal  or  not,  administer  oaths  and  take 
and  certify  depositions  to  be  used  or  recorded  in  the  said 
State  of  Wisconsin,  appeared  William  B.  Ogden,  John 
H.  Hicks,  Charles  C.  Walden  and  Robert  J.  Walker,  to 
me  personally  known,  who  acknowledged  that  they  executed 
the  foregoing  instrument  freely,  for  the  purpose  therein  stated. 

Given  under  my  hand  and  official  seal,  this  29th  day 
[L.  s.]        of  August,  1855. 

J.  W.  CURRIER, 

Commissioner  for  Wisconsin. 


